3 hrs ago
Delhi High Court Rejects Plea Over Visakhapatnam Airport Closure
The Delhi High Court was asked to consider a case about closing Visakhapatnam Airport to commercial flights.
The court said the case should be filed in the Andhra Pradesh High Court instead.
It explained that people in Visakhapatnam were the ones most affected.
A similar public-interest case is already being considered there.
The petitioner said closing the airport was unfair and done in a high-handed way.
He said the replacement airport at Bhogapuram is about 60 kilometers away.
Commercial flights at Visakhapatnam Airport stopped after the last flight on August 16.
The court did not decide whether the closure itself was legal.
The Delhi High Court refused to hear a plea challenging the closure of Visakhapatnam Airport for commercial flights.
The bench said the petitioner should approach the Andhra Pradesh High Court because Visakhapatnam residents were primarily affected.
The petition was dismissed on the ground of forum non conveniens, and a related PIL is already pending in Andhra Pradesh.
Commercial operations ended after the last IndiGo flight departed for Delhi at 10:45 p.m. on August 16.
The petitioner called the 30-year closure arbitrary, citing public investment in the existing airport and the shift to Bhogapuram.
- Who
- The Delhi High Court, petitioner Gopala Krishna Kosaraju, and authorities involved in the airport closure.
- What
- The Delhi High Court declined to entertain a plea challenging the end of scheduled commercial flights at Visakhapatnam Airport.
- Where
- The plea was filed in the Delhi High Court, while the court said the Andhra Pradesh High Court was the appropriate forum.
- When
- The ruling was issued on Wednesday; commercial operations ended after the last flight departed on August 16.
- Why
- The court said the dominant cause of action was in Visakhapatnam, where residents were affected, and that a related PIL was already pending in Andhra Pradesh.
Petitioner's position
Court's position
Where the case should be heard
Petitioner's position
The petitioner sought relief in Delhi, arguing that the decision to shut the airport was taken there.
Court's position
The court said the dominant cause of action was in Visakhapatnam and directed the petitioner to file the plea in the Andhra Pradesh High Court.
Effect of the closure
Petitioner's position
The petitioner described the closure as arbitrary and high-handed, arguing that a centrally located, functional public airport was being made idle to provide commercial exclusivity to a private operator.
Court's position
The court emphasized that the people suffering from the closure were in Visakhapatnam, not Delhi, without ruling on whether the closure was legally justified.
Key facts
- Court decision
- The petition was dismissed on the ground of forum non conveniens.
- Appropriate forum
- The Delhi High Court directed the petitioner to approach the Andhra Pradesh High Court.
- Airport closure
- Scheduled commercial operations at Visakhapatnam Airport ceased after August 16.
- Last flight
- IndiGo flight 6E 2018 to Delhi departed at 10:45 p.m.
- Replacement airport
- Operations shifted to Alluri Sitarama Raju International Airport at Bhogapuram.
- Closure period
- The Union Aviation Ministry said commercial operations at Visakhapatnam Airport would cease for 30 years.
- Petitioner's claim
- The PIL said more than Rs 250 crore of Airports Authority of India investment had been made in the existing airport.
Quotes
Delhi High Court bench
Bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia
“Where is the order impacting people? When parts of the cause of action are in two high courts, it is the dominant high court which determines the forum. The dominant cause of action is in Visakhapatnam. File it there.”
m.rediff.com
deccanchronicle.com
“Suffering was of people of Visakhapatnam, not Delhi.”
deccanchronicle.com
Sources
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