J KAPUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner herein, who claims to be a frequent air traveller, travelling by Indian Airlines and Air India, has filed the instant writ petition in public interest with a view to bring to the notice of this Court the plight of the air travellers who are exposed to grave risks on account of flying of ageing aircraft which have outlived their design economic life by the Indian Airlines, respondent No. 4 and the Air India, respondent No. 5, which are Government Companies and Public Sector Undertakings. He has prayed for the issuance of a writ of mandamus and/or a writ in the nature of mandamus directing respondents Nos. 1, 2 and 3, viz. , the Union of India, the Director General of Civil Aviation and the Director, Air Worthiness, in the office of the Directorate General of Civil Aviation, to discharge the statutory duties invested in them under the provisions of the Aircraft Act, 1934 and the Aircraft Rules, 1937 in respect of safety and air worthiness of the aircraft of respondents No. 4 and 5.

(2.) THE petitioner has referred to the history of civil aviation in India since independence, and has lamented that large number of air crashes have taken place during this period, primarily due to the fact that the aircraft deployed by respondents No. 4 and 5 to carry air travellers are more than 20 years old, and have outlived their design economic life. Such aircraft poses a serious threat to the safety and lives of air travellers, and thereby adversely affect their right to travel by air, as also for enforcement of their fundamental rights guaranteed, inter alia, by Articles 19 (1) (d) and 21 of the Constitution of India. The petitioner has, therefore, prayed that appropriate direction be issued by this Court for enforcement of the statutory rights, inter alia, under the Aircraft Act, 1934 and the Aircraft Rules, 1937, and for the discharge by the respondents of their public and statutory duties as enjoined on them by the said Act and the Rules.

(3.) HAVING regard to the facts and circumstances of the case, it has been averred that the governmental agencies have shown complete apathy to human life and their attitude reflects scant regard for basic safety of air travellers. Respondents No. 2 and 3 must be forthwith directed to refrain from issuing air worthiness certificates to such aircraft, inter alia, under Rule 53 of the Rules of 1937, and further, respondent No. 1 be directed, in exercise of its powers under section 8 of the Act of 1934 to detain (ground) such aircraft. Respondents No. 2 and 3 ought to be directed to suspend and/or cancel all certificates of air-worthiness to aircraft of respondents No. 4 and 5 in exercise of powers, inter alia, under Rule 55 of the Rules of 1937 in respect of such aircraft which have crossed or are hearing their design economic life/safe life, either in terms of number of years, flight hours or flight cycles. It has further been prayed that this Court may be pleased to issue a writ of negative mandamus or a writ in the nature thereof, restraining respondents No. 1, 2 and 3 from routinely issuing certificates of air-worthiness to such ageing aircraft of respondents No. 4 and 5 which have crossed their design economic life/safe life or are so close thereto so as to threaten the safety of air travellers. Certain other reliefs have also been claimed, calling upon the respondents to furnish a list of aircraft owned and/or hired by them with all details and particulars and to prescribe stricter safety norms depending upon the age and flying hours of the aircraft.