Tell us by May 4 if flights to Shimla will be launched: SC

New Delhi

Determined to ensure air connectivity to Shimla and the Northeast, Supreme Court today directed the government and its agencies to give a categorical answer on the issue by May 4 or attract orders fixing responsibility for the failure.

“If by May 4, we get the answer that air connectivity to Shimla is not being ensured, then we will pass an order and fix responsibility against those for this,” a bench comprising Chief Justice T S Thakur and Justices R Banumathi and U U Lalit said.

“Earlier the service is resumed, the better,” the bench said while taking strong note of lack of air connectivity to Shimla and the Northeastern states.

The apex court said its order will not prevent the competent authorities from directing other airlines to fly to a particular destination.

“The December 16, 2015 interim order shall not prevent the competent authorities from enforcing the operation the obligation of providing 10 per cent of (the capacity deployed on) Category-I service (trunk routes) to Category-II routes,” the bench said.

The bench also directed the competent authorities, including the Civil Aviation Ministry, to place the copy of direction issued by them before the bench takes up the matter for next hearing on May 4.

Under the government’s Route Dispersal Guidelines, Category-I routes are the busy routes connecting major metros like Delhi, Mumbai, Kolkata, Hyderabad, Bangalore and Chennai, while Category-II are those in remote and difficult parts of the country, including Jammu and Kashmir, Northeast and the island territories.

Counsel representing the Ministry, aviation regulator DGCA and others said all of them favoured launching of these services.

To this, the bench said “we hope there is no political game in this.”

During the hearing, Additional Solicitor General P S Patwalia, appearing for the Ministry and DGCA, said that ATR- 42, a twin-turboprop, short-haul regional aircraft, was the suitable airplane to fly to places like Shimla, after keeping some seats empty to ensure payload limitations.

While he was making the submission, the bench said “We should at least not compromise with safety.”

The bench in its order noted that according to the Route Dispersal Guidelines, every commercial airline are required to deploy in the North Eastern region, Jammu & Kashmir, Andaman & Nicobar Islands and Lakshadweep (Category- II routes) at least 10 per cent of their deployed capacity on busy trunk routes (Category-I routes).

It also took note of the information provided by the ASG about the inspection report of January 19 (rpt 19) of the DGCA and a prior inspection in October 2015 which had certified that the Jubbarhatti airport near Shimla was suitable for ATR-42 operations.

“Whether the airport is suitable for ATR-72 (aircraft), he seeks time to verify that. Whether AAI has obtained neccessary approval for operation and whether the airport is worthy for ATR-72 also have to be known. Whether ATR-72 have the capacity to land, the ASG has to find out,” it noted.

While ATR-42 turbo-prop planes generally have a capacity of carrying 35-42 passengers, it is between 65-75 for ATR-72s.

“In the light of the said inspection report, DGCA will talk to the national operators to determine whether they have aircraft to connect Shimla to the national capital. If so, what will be the frequency of the same,” the bench said.

Senior advocate Harish Salve, appearing for Jet Airways said “there is a need for level-playing field”.

The bench said he will also seek instruction whether Jet Airways was ready to fly to Shimla.

Solicitor General Ranjit Kumar said Air India had three ATR-42s flying to Andaman, Nicobar and Lakshwadeep and to the Northeast and has never shirked in its duty.

However, the bench said the policy appears to be obsolete which evoked a response from the ASG who replied it is nothing like that.

The bench shot back saying “you are comparing Northeast with Srinagar?”

The ASG said he will explain the policy which is that all places should be connected.

The ASG said “I (Air India) have the connection to Northeast. No other airlines is doing that.”

The bench also asked the competent authorities to get information how many airlines have what type of aircraft, including aircraft.

PTI