SC: Consider 2-airport option

SC: Consider 2-airport option
DH News Service, New Delhi:
The Supreme Court on Monday directed the Centre to look into the demand of a few citizens from Bangalore who have filed a PIL seeking direction to keep both the existing HAL airport and the new airport at Devanahalli operational for commercial flights in the interest of public.


A bench of Chief Justice K G Balakrishnan and Justice M K Sarma asked the Centre to consider the petition and inform the petitioners in due course of time.

The matter was disposed of after Additional Solicitor General Gopal Subrama-nium informed the bench that the government will consider their concerns in accordance with law at a meeting scheduled for May 12 to discuss the advice of the Karnataka High Court.

Senior advocate Harish Salve appearing for the Bangalore City Connect Foundation, an NGO, submitted that the petitioner did not object to the opening of new airport, but they wanted the HAL airport to be used for short-haul domestic flights for the convenience of the public.

“It is submitted that the High Court erred in failing to direct for continued operation of HAL airport while itself directing the Union of India to renegotiate the terms of the concession agreement,” said the petition.

“Whatever be the situation, the government should not have any objections,’’ Salve argued.

HC order

The High Court on April 17 had declined to pass an interim order directing the Union government and the Airports’ Authority of India (AAI) not to close down the Hindustan Aeronautics Ltd (HAL) airport for commercial operations.

It, however, had directed the Union and State governments and the AAI to consider its suggestion to renegotiate with Bangalore International Airport Ltd, promoters of the new airport at Devanahalli, the levy of user development fee on passengers, in the public interest.

“However, being conscious of the limitation of the power and jurisdiction of the court and its lack of expertise in dealing with such matters, we decline to grant the interim stay as sought for by the petitioners. But we direct the Union, State and AAI to immediately consider the suggestion to renegotiate the two issues with the BIAL and to explore the possibility of minimising, if not completely removing, the inconvenience and difficulty of the people,” the High Court order said.

The petition contended that the HAL airport would be closed for commercial operations once the Bangalore International Airport became operational.

Connectivity

The connectivity between Bangalore and Devanahalli, which is 40 km away, was bad, and it would take hours for passengers to travel to the new airport. The Union and State governments, the AAI and BIAL had opposed the petition.

The BIAL said Hindustan Aeronautic Limited was basically a defence airport, and its use for civilian purposes was likely to jeopardise flight safety.

Moreover, the Concession Agreement entered into between it and the President of India on July 5, 2004 specifically provided for the closure of the HAL airport for commercial civil aviation once the new international airport became operational.

Clousre clause

BIAL said the closure clause was an essential and integral part on the basis of which the new airport was to be set up.

It said that the committee had deplored the levy of UDF of Rs 675 on domestic passengers and Rs 955 on international passengers by the BIAL.

PPP model

Built on a public-private partnership (PPP) model, the BIAL consortium comprises Unique Zurich Airport and Siemens Project Ventures, and Larsen and Toubro (L and T), with a combined equity stake of 74 per cent, and two state promoters — the Karnataka State Investment and Industrial Development Corporation (KSIISDC) and AAI — holding the remaining stake.