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
