Madhya Pradesh HC Orally Questions Air India, Indigo For Lack Of Connectivity To Jabalpur In PIL For Increasing Flights To The City
While hearing a PIL for increasing flights to Jabalpur, the Madhya Pradesh High Court on Tuesday (December 17) orally questioned Air India that if it has a short flight commuting from Delhi to Chandigarh then why cant there be a flight to Jabalpur, emphasizing on increasing the connectivity on this route noting the demand.
During the hearing the court also orally questioned Indigo airlines for its limited flight operations in Jabalpur noting it has "maximum network in India, especially small places" asking it to take responsibility for this sector as well.
A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain after hearing the matter for some sought the response of the respondents who have not filed their replies to the PIL until now.
"Those respondents who have not filed reply to the petition shall file reply within two weeks, failing which same shall be accepted with cost of Rs.25,000/- each to be deposited with M.P. High Court Legal Services Authority," the court said. The respondents in the matter include Union of India, Director General of Civil Aviation, Airport Director of Dumna airport (Jabalpur), Air India, Indigo, Spice Jet and Akasa airlines.
The PIL filed by Nagrik Upbhokta Margdarshak Manch–an organization that focuses on social activism–states that Jabalpur has three defence factories, five universities, world-famous pilgrim centres like Bhedaghat, three national parks and the principal seat of the High Court. Despite the city's economic and strategic importance and even after extending and developing the airport by spending almost Rs 500 crores, most of the existing flights have been discontinued instead of providing additional air routes, the petitioner has said. According to the petitioner, new flight routes are periodically introduced from cities like Indore, Bhopal and Gwalior whereas the Jabalpur Airport is conveniently ignored by authorities.
During the hearing on Tuesday, the counsel appearing for Indigo Airlines submitted, “In this matter, respondents were granted time to seek instructions. I appear for respondent number 6, I have some instructions. This is a PIL filed against the private airlines. I am representing Indigo in this. This is regarding…to increase the number of flights and for better connectivity to Jabalpur. we have filed a reply opposing this petition. My lords directed us on 14-11-2024.”
On the court's query Indigo's counsel said that he had sought instructions as per which it is not commercially viable for Indigo to operate more frequently.
To this the court however orally said, “If on the last moment if you book a ticket you are charging 20,000-25,000. That's why it is not viable. Then we will pass the direction that you will not cross the cap". The counsel however responded by saying that Indigo was operating one flight to Jabalpur as compared to other airlines who are not operating even single flight to Jabalpur.
The court however orally said, “You have the maximum network in India. Especially small places everywhere Indigo, everywhere Indigo. Why don't you take the responsibility of this one?”
As the counsel said that Indigo is operating one flight the court orally remarked, “So then you leave, we will give this sector to the other airlines. If it is not commercially viable. So remove your Indigo from Madhya Pradesh...” The counsel contended that it is was not viable for the airline to have more flights to Jabalpur.
The court then said, “More flights the other airlines will provide…”
At this stage the counsel appearing for Air India said, “I am for Air India. I don't have any operations. And the problem is that I only have the big aircrafts. So airlines like Air India Express would be in a better position to operate or may be Akasa or Spice Jet".
Thereafter counsel appearing for Akasa Airlines made his submissions and said that Akasa Air had conducted a feasibility study as per which as of now operating flights to Jabalpur was not feasible.
He said, "There are route dispersal guidelines of the Union of India which categorizes airports and routes into three categories. Category one is all the metro routes. Category two is the North-east and Andaman's. And category three is the remaining. Respectfully, my lord, the metro routes you are is free to operate how many ever aircrafts on that. But category two at least nine percent should be deployed and category three thirty-five percent. Gwalior is one such category three route. And our Akasa Air does fly to Gwalior. And we are compliant with the route dispersal guidelines issued by the Union Government. The remaining factor is a commercial factor. It depends on various things such as the tax on aviation turbine fuel, the load factor, connectivity with other airports and various other factors such as this and also the airport fees. The user development fee charged by the airport. Jabalpur charges roughly 750 rupees. Delhi charges 61. Bombay charges NIL. So as my colleague for Air India submitted they submitted that they have only large aircraft".
He further submitted that Akasa is the youngest airline having a "very limited inventory"–25 aircraft which are operational at the moment. He said that the airline had commenced flight operations two years and pointed to economic difficulties that airlines go through.
"The economic difficulty of operating such a route becomes a little difficult. To incentivize it, the government has something called Udan RCS connectivity scheme. There is in response to a star question in the Rajya Sabha my Lords the Union Minister for State for Civil Aviation responded that Jabalpur is connected with Mumbai, Delhi, Hyderabad, Indore, Bilaspur...But it is not covered by Udan scheme. Udan scheme gives certain economic incentives and concessions to airlines...Economic incentives are not coming from the government. Government has the route dispersal guidelines. We are compliant with that. And we have just one category of aircraft, which is a larger Boeing 737 MAX-8 aircraft. We are also the smallest amongst the airlines in India. So considering this, our feasibility study, it deemed that Jabalpur, at this stage in our growth to be a little unfeasible," he added.
On the court's query it was informed that Vistara has now merged with Air India. The court at this stage orally said to Air India's counsel, “You have a flight, very short flight, from Delhi to Chandigarh. Can't you fly from Delhi to Jabalpur?” Air India's counsel however said that the airline has only big aircraft.
The court however orally said that, “Vistara is not, some Vistara flights are not big ”. The counsel responded that his reply is still awaited.
The court then said, “Lot of demand is there. And why don't you avail that?” The counsel responded by saying, “My submission is that somebody like Air India Express which is a low cost carrier, would be in a better position to start operations. I am a full cost. My costs are very high.”
To this the court said, “You lower down the cost, what is the problem?” Air India's counsel then responded, “That is the model I operate. Air India Express, would be maybe in a better position to start operations. That is the low cost carrier. Or Akasa or maybe Spice Jet. Spice Jet is also a party. I don't know whether they are appearing.”
On the court's query the counsel said that Air India Express is a subsidiary of Air India, a separate company, and that he cannot speak on behalf of Air India Express.
As the counsel sought "one last opportunity" time to file his response the court orally said, “So that will be with the cost. Because you are delaying the matter unnecessarily. Of such importance.”
Thereafter on the petitioner's request, the court allowed Air India Express to be impleaded as party in the plea and listed it for hearing on January 16, 2025.
Case Title: Nagrik Upbhokta Margdarshak Manch & Ors v. Union Of India & Ors, WP No. 14563 of 2024