The matter was disposed of after Additional Solicitor General Gopal Subramanium informed the Bench that the Government would consider their concerns in accordance with law during a meeting scheduled for May 12.
A Bench comprising Chief Justice KG Balakrishnan and Justice M K Sharma directed the Centre and the Karnataka Government to keep the petitioners posted about the outcome of the meeting. “We are concerned about the problems of the citizens,” the Bench observed.
A public interest litigation filed by a Bangalore-based NGO had alleged that the Centre’s decision to close down the existing HAL airport in Bangalore was unilateral and arbitrary.
Bangalore City Connect Foundation, the NGO, had submitted that the connectivity between Bangalore and Devanahalli, which is 40 km away, was bad, and it would take hours for passengers to travel to the new airport.
The NGO said grave prejudice would be caused to the residents of Bangalore who would be constrained to commute on congested and deteriorating roads to the new airport and this would undermine the very purpose of air travel.
While stating that Government should not have any objection to the demands, senior counsel Harish Salve, appearing for Bangalore City Connect Foundation, said HAL airport could be used for short-haul domestic flights for the convenience of the public.
The Karnataka High Court, on April 17, had refused the petitioner’s plea seeking a direction to the Centre and the Airports Authority of India (AAI) against closing down of the HAL airport for commercial operations.
However, the High Court had directed the governments and AAI to renegotiate with Bangalore International Airport Ltd (BIAL), the promoters of the new international airport at Devanahalli, on the levy of user development fee (UDF) on passengers, in the public interest.
Meanwhile, the Government last week said it had given the operators of the new Bangalore airport the option of allowing aircraft less than 80-seater to operate out of the existing airport.
According to the NGO, “the High Court clearly erred in failing to direct continued operation of HAL airport while itself directing the Union of India to renegotiate the terms of the concession agreement on this issue.” The petition contended that HAL airport would be closed for commercial operations once the Bangalore International Airport became operational.
However, the Centre, the state Government, AAI and BIAL had opposed the petition, saying HAL was basically a defence airport, and its use for civilian purposes was likely to jeopardise flight safety.
Moreover, the Concession Agreement entered into between it and the President of India in July 2004 specifically provided for the closure of HAL airport for commercial civil aviation once the new international airport became operational, BIAL stated.