82943 2018

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1. $~3&4 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10862/2017 & CM No.44492/2017 YASHWANTH SHENOY ..... Petitioner Through : Mr. Ashok Kr. Verma, Adv.…

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  • 1. $~3&4 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10862/2017 & CM No.44492/2017 YASHWANTH SHENOY ..... Petitioner Through : Mr. Ashok Kr. Verma, Adv. with petitioner in person versus THE UNION OF INDIA AND ANR. ..... Respondents Through : Ms. Anjana Gosain, Ms. Rabiya Singh Thakur and Ms. Shalini Nair, Advs. for R-1 & 2 Mr. Alok Sangwan, AAG (Haryana), Mr. Uttkarsh Srivastava and Mr. Sunny Kadiyan, Advs. for R-HUDA Capt. R. Kapahi, Sr. Flight Operation Inspector-DGCA and Capt R. Mehta, Sr. Flight Operating Inspector- DGCA with Mr. Ashutosh Vasistha (DGCA) Mr. Rachit Mittal, Adv. for R-6/New Okhla Industrial Development Authority + W.P.(C) 7409/2017, CM Nos.44509/2017 & 13315/2018 YESHWANTH SHENOY ..... Petitioner Through : Mr. Ashok Kr. Verma, Adv. petitioner in person pg. 1 of 5
  • 2. versus THE UNION OF INDIA & ORS ..... Respondents Through : Ms. Anjana Gosain, Ms. Rabiya Singh Thakur and Ms. Shalini Nair, Advs. for R-1, 2,3,9 & 10 Mr. K.P. Srivastava, Dy.DGCA, Mr. Pawan Kumar-Director, Mr. M. Devula-Dy. Director/ R-3(DGCA) Mr. Manoj Kr. Garg, DD(Ops) and SLV Santhosh David, AD (Ops.)/R-3 Mr. Milanka Chaudhury and Ms. Naina Dubey, Advs. for R-4 Mr. Rachit Mittal, Adv. for R-6/New Okhla Industrial Development Authority Ms. Sweety Singh, Mr. Sankalp Agrawal, Mr. Rahul Pandey and Ms. Archana Kumari, Advs. for R-8 Mr. Satyakam, ASC- GNCTD/R-8, 13 Mr. Raj Kumar, SI Executive/CISF-R-9 Mr. Sanjeev Bhandari, SPP- CBI with Mr. Prateek Kumar, Adv. for R-11 CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR pg. 2 of 5
  • 3. O R D E R % 13.04.2018 CM No.14298/2018 in W.P.(C) No. 7409/2017(delay in filing counter affidavit by R-4) 1. This application has been filed by the respondent no.4 seeking condonation of delay in filing the counter affidavit. 2. For the reasons stated, delay in filing the counter affidavit is condoned. The counter affidavit is taken on record. 3. This application is allowed and disposed of. CM No.14413/2018 in W.P.(C) No. 7409/2017(delay in filing counter affidavit by R-3) 1. This application has been filed by the respondent no.3 seeking condonation of delay in filing the reply. 2. For the reasons stated, delay in filing the reply is condoned. The reply is taken on record. 3. This application is allowed and disposed of. W.P.(C) 10862/2017 & CM No.44492/2017 and W.P.(C) 7409/2017, CM Nos.44509/2017 & 13315/2018 1. The petitioner in these writ petitions concerned with aviation safety, point out that Rule 42A of the Aircraft Rules, 1937 was amended with effect from 24th September, 2016 taking away the discretion which was earlier conferred to the Director General to exempt any pilot from the provisions of the rule which then existed. pg. 3 of 5
  • 4. 2. It is submitted by the petitioner that on account of arbitrary violation/exemptions permitted by the Directorate General of Civil Aviation to the maximum flying time and minimum raised requirements stipulated under Rule 42A, the DGCA is compromising with the safety and security of passengers on account of fatigue of the pilots which is one of the noted threats to aviation safety. 3. We have heard the petitioner, who argues in person, as well as Ms. Anjana Gosain, learned counsel who appears for the DGCA who is assisted by Capt. R. Kapahi, Senior Flying Operations Inspector of the DGCA at length. Before we take a final view in the matter, let the DGCA, on affidavit, disclose the number of exemptions granted by it to the applicability of Rule 42A after the same was amended with effect from 24th September, 2016. The DGCA shall produce before us the original record relating to five requests for exemptions received by it from different airlines after the 24th September, 2016. 4. The DGCA shall in the affidavit place the tabulation of exemptions which were granted in terms of the proviso of Rule 42A as existed before the 24th of September, 2016 which exemptions are still in force. 5. Counter affidavit filed by the respondent no.4 and reply filed on behalf of respondent no.3 are taken on record. The petitioner is pg. 4 of 5
  • 5. permitted to file rejoinders before the next date of hearing. 6. On request, list on 18th April, 2018. Dasti under signature of the Court Master. ACTING CHIEF JUSTICE C.HARI SHANKAR, J APRIL 13, 2018/kr pg. 5 of 5
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