VINEET KUMAR Vs. MINISTRY OF CIVIL AVIATION

JUDGEMENT

(1.) THE present information has been filed by Shri Vineet Kumar ('the informant') who claims to be a public spirited citizen to protect and promote the interests of the passengers who use air transport services in India under section 19(1)(a) of the Competition Act, 2002 ('the Act') against Ministry of Civil Aviation ('the opposite party'/MOCA) alleging inter alia contravention of the provisions of section 4 of the Act. It is averred in the information that MOCA vide its order dated 31.10.2012 constituted a committee named as 'the Aircraft Acquisition Committee (AAC)' to consider and examine the applications/proposals for providing air transport services and applications/proposals for permitting import or acquisition of aircraft for various purposes and also to consider proposals for initial NOC for flying training institutes, etc. The informant has alleged that all the members of AAC are the officers of the units/divisions of MOCA and there is no representation from the other stake holders, particularly the private air transport service providers. It has been alleged by the informant that such a composition of the Committee, which is loaded overwhelmingly in favour of MOCA, is against all cannons of fair play.

(2.) REFERRING to the terms of reference of the AAC, the informant submits that it examines and appraises applications/proposals from the air transport capacity perspective after considering the air traffic demand, safety, security, financial commercial and other relevant aspects of the proposal to ensure orderly growth of air transport services. After examination and appraisal, the AAC makes appropriate recommendations on the various categories of proposals.

(3.) IT is the case of the informant that MOCA is going slow in allowing private airlines to import more aircrafts, which has raised question about the roles of MOCA in the investment and financial decisions of market participants. The informant has also alluded to a news item which reported that a Delhi based low -cost private airlines which had sought permission from ACC for import of 16 aircraft during this current calendar to add to its fleet, was instead permitted to import only 5 aircrafts.