Karnataka High Court Permits Flying Of Microlight Aircraft In Area Alleged To Be "Eco-Sensitive Zone" Of National Park, Till DGCA Reviews Permissions

A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar while disposing of the petition filed by Muthanna Mapangada and Kudimada Somanna Subbayya, said, "Meanwhile, the petitioners shall be entitled to fly the subject Micro-light Aircraft strictly in accordance with law once a week till the matter is decided by the respondent No.6 (Director General Of Civil Aviation)."

Senior Advocate Vikram Huligol and Advocate Arnav A. Bagalwadi appearing for the petitioners had approached the court seeking for quashing two notices dated 14/12/2020 and 5/01/2021, issued by the Range Forest Officer to the petitioners, alleging that the formation of the grass-strip and flying of micro-light aircraft are in violation of the circular issued by the Central Government and land on which the airstrip is built falls within the Eco-Sensitive Zone of Nagarhole National Park. The plea had also prayed for direction to the respondents to permit the petitioners to fly the microlight aircrafts.

It was submitted that the impugned Notices issued by respondent No.4 – Range Forest Officer are illegal, arbitrary and vitiated and the same deserve to be quashed. The flying activity carried on by the petitioners was for purely recreational and personal purposes and not for commercial purpose and since the same cannot be construed or treated as commercial activity, the respondents are not entitled to interfere with the flying operations of the petitioners.

It was also contended that the Notification dated 25.07.2017, issued by the Ministry of Environment, Forest and Climate Change is only a draft notification, which was valid for a period of two years and the same does not have any validity or force of law and till a final decision is taken in the matter, respondents are not entitled to prevent the petitioners from carrying on flying activity for recreational or personal purposes.

The petition stated that as per the Civil Aviation Requirement (CAR) issued by the Directorate General of Civil Aviation clearly demarcates the Scheduled lands' Choudigudi Estate, Coorg, Karnataka in the list of identified areas for operation of microlight aircraft. Therefore, the said areas as per the applicable law is identified as an area for operation of the microlight aircraft.

The bench observed, "The material on record indicates that the Civil Aviation Requirements at Annexure-J dated 28.12.2018 issued by the Ministry of Civil Aviation includes the subject land of the petitioners. It is not in dispute that the respondents 1 to 4 have not submitted their objections to the same so far."

It added, "Under these circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / demerits of the rival contentions, we deem it just and appropriate to dispose of the present petition by issuing the following directions."

Following which it directed the respondent Nos.1 to 4 to forward their objections to the Civil Aviation Requirements at Annexure-J dated 28.12.2018 issued in favour of the petitioners in respect of the subject area claiming it to be an "Eco-Sensitive Zone" of Nagarahole National Park, within a period of fifteen days.

It also directed that, "Immediately upon receipt of such objections by respondent Nos.1 to 4, respondent No.6 / Director General of Civil Aviations (DGCA) shall revisit/review Civil Aviation Requirements granted in favour of the petitioners and pass appropriate orders within a period of two months from the date of receipt of said objections, after giving an opportunity to the petitioners and hearing the petitioners in accordance with law and shall also forward the order passed to the DGCA and Ministry of Home Affairs."

Case Title: Muthanna Mapangada vThe State Of Karnataka,

Case No: Writ Petition No.12880 Of 2021

Citation: 2022 Livelaw (Kar) 93

Date Of Order: 15th Day Of March, 2022

Appearance: Senior Advocate Vikram Huligol A/W Advocate Arnav A. Bagalwadi For Petitioners

Advocate G.V. Shashikumar, For R-1 To 5;

Advocate M.N. Kumar, For R-6

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