Delhi High Court - Orders
Rahul Banerjee vs Union Of India Through Ministry Of Civil ... on 28 November, 2023
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15280/2023
RAHUL BANERJEE ..... Petitioner
Through: Ms. Shomona Khanna, Mr. Prasanna
S., Ms. Swati Arya, Ms. Mahashwari
Mawase, Advocates
versus
UNION OF INDIA THROUGH MINISTRY OF CIVIL AVIATION
& ORS. ..... Respondents
Through: Ms. Anjana Gosain, Advocate with
Mr. L.N. Mishra, Law officer, Ms.
Nippun Sharma, Ms.HetikaVadhera,
Mr. Aakash Meena, GP
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 28.11.2023
1. Present writ petition has been filed challenging the addendum dated 19th January, 2023 to the AvSec Order Do. 02/2022 read with entry No. 28 of the schedule table issued by the Respondent No. 1 and 2 as being ultra vires the Section 5A(1A) of the Aircraft Act, 1934 read with Rule 3(b) of the Aircraft Security Rules, 2011 to the extent it contemplates a general prohibition on carrying of receive-only Global Positioning System (GPS) devices on aircrafts. Petitioner also seeks directions to the Respondent No. 4 to pay suitable damages for unlawful seizure of the Petitioner's GPS device at Terminal 3 of the Delhi Airport on 02nd June, 2022. Petitioner also seeks direction to the Respondents to decide his representation dated 29th This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2023 at 23:16:37 September, 2023 and grant him permission to carry GPS device while travelling by air.
2. Learned counsel for the petitioner states that the petitioner is an environmental scientist and hand-held GPS device is an integral tool of trade for the Petitioner who is required to travel to all parts of India with these tools in order to carry out his work as an environmental scientist. She states that on 02nd June, 2022, the Petitioner's 'Garmin' GPS device was seized by the Respondent No. 4 at IGIA, even though he had travelled by air on previous occasions carrying the said device in his hand baggage. She points out that it subsequently turned out that the carriage of GPS devices by air was, in fact, not prohibited at all, and the seizure of the said GPS device by the Respondent No. 4 was in violation of extant law and under an erroneous impression that the device was a "satellite phone" when it actually was a "receive-only" GPS device, which is incapable of use as a satellite phone which requires both reception and transmission capabilities.
3. Learned counsel for petitioner states that subsequently, the impugned Addendum dated 19th January, 2023 to the Order dated 4th March, 2022, under sub-section 1A of Section 5A of the Aircraft Act, 1934 read with Rule 3(b) of the Aircraft (Security) Rules, 2011 was issued prohibiting the carriage of GPS devices in air travel, in the same manner as satellite phones. She states that this is in spite of the fact that the import of handheld GPS devices which only receive satellite signals has been free since 2011, and carriage of GPS devices by air has been permissible for at least 10 years.
4. Learned counsel for respondents who appears on advance notice states on instructions that the respondents are willing to return the petitioner's GPS device that had been seized on 02nd June, 2022. She further This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2023 at 23:16:37 states that the respondents are willing to decide the petitioner's representation dated 29th September, 2023 by way of a reasoned order in accordance with law.
5. However, learned counsel for petitioner states that she has instructions to press the present writ petition as the petitioner is interested in purchasing the latest GPS device and is further wanting to carry the same on flights.
6. Issue notice. Mrs. Anjana Gosain accepts notice. She prays for and is permitted to file a counter affidavit within four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.
7. List on 02nd April, 2024.
ACTING CHIEF JUSTICE MINI PUSHKARNA, J NOVEMBER 28, 2023 au This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2023 at 23:16:37