Madhya Pradesh HC Asks Indigo Airlines To Commence Test Runs And Check Commercial Viability Of Increasing Flights From Jabalpur

While hearing a PIL for increasing flights to Jabalpur, the Madhya Pradesh High Court on Monday (April 21) orally asked Indigo Airlines to do a test run and check the commercial viability of the proposal. The Court also suggested that by introducing more flights, it might become more viable as more tourists might come since Jabalpur is the entry point to many tourist areas.The Division Bench of Justice Sanjeev Sachdeva and Justice Vinay Saraf observed, “The Learned Counsel appearing for the State submits that an affidavit is proposed to be filed. Let the same be filed during the course of the day with copies to the counsels appearing for the petitioner as well as the airlines who may take instructions thereon. Re-notify on 14.05.2025.”The PIL filed by Nagrik Upbhokta Margdarshak Manch states that Jabalpur has three defence factories, five universities, world-famous pilgrim centres like Bhedaghat, three national parks and the principal seat of the High Court. Despite the city's economic and strategic importance and even after extending and developing the airport by spending almost Rs 500 crores, most of the existing flights have been discontinued instead of providing additional air routes, the petitioner has said. According to the petitioner, new flight routes are periodically introduced from cities like Indore, Bhopal and Gwalior whereas the Jabalpur Airport is conveniently ignored by authorities.During the hearing on February 19, the counsel for Akasa Air submitted that the User Development Fee levied by the Airport Authority and the tax levy on the Aviation Turbine Fuel levied by the State of Madhya Pradesh is on a much higher side as compared to some of the other airports in India. Therefore, it was submitted that if the Airport Authority and the State Government could examine the said aspect and reduce the charge, it may become commercially viable for various airlines to increase connectivity at the Airport Jabalpur. Thus, on the said date, State of Madhya Pradesh was impleaded as a respondent.Thereafter, during the hearing on March 26, the Deputy Advocate General submitted certain incentives proposed in the VAT charged on the Aviation Turbine Fuel for the airlines.During the hearing on April 21, the Counsel for the State submitted a statement on incentives which are proposed to be given to airline operators.The Court addressing the Counsel appearing for Indigo Airlines said, “You started an additional flight to Indore, so why not to Delhi or Bombay? You have added an afternoon flight to Indore. Why step motherly treatment with Delhi and Bombay? You travel so much between Jabalpur…don't you find it inconvenient? Don't you find the timing very inconvenient?”The Counsel replied, “I'm duty bound to say it's not commercially viable for Indigo to operate more flights from Jabalpur.”The Court said, “See, today the traffic may be low because of the timings. If you have a morning and evening flight, probably the traffic may increase. Why don't you ask them to test it for a month and see?”The Counsel said, “My Lord, let the other airlines continue…like Akasa Air, Air India, SpiceJet…”The Court said, “They will have to start a service. You are already operating.”At this juncture, the Counsel suggested that the State Government could invite some more airlines to operate in the city.Of course, remarked the bench, adding, "but since you are here. We are conscious of the fact that being a commercial issue, we can't issue a mandamus. We are conscious of that. We are only urging Indigo, test it for a month or so and see whether it becomes viable. It might become more viable. You might be able to bring in more tourists because Jabalpur is the entry point to all these tourist areas.”Thereafter, the Counsel for Indigo told the Court that he would seek instructions on the same.The Court said, “Consider increasing it and then test it. Most of the people are travelling from here to Indore and then to Delhi. So if you have a direct flight from Delhi probably that would be more lucrative than Delhi to Indore and then Jabalpur. Let them do a census of how many people take a connecting flight to Indore…they will have the data.”Addressing the counsel appearing for Akasa Air, the Court said, “You had come up with some suggestions which the government has now agreed so now you have to agree to…consider starting a flight.”The Counsel for Akasa Air said, “My Lord, it's a commercial decision. I was only assisting this Hon'ble Court.”The Court said, “Yes, you were. But then you made some suggestions which the government has accepted so you must now take the suggestions back to the airlines and ask them to reconsider their decision.”At this juncture, the Counsel submitted that Akasa Air is the youngest airline with most limited amount of fleet. "The larger airlines being the Air India, SpiceJet, Indigo would be in a better position to commence the flights. But definitely I will take it back to my clients and inform them about it,” he...

Madhya Pradesh HC Asks Indigo Airlines To Commence Test Runs And Check Commercial Viability Of Increasing Flights From Jabalpur

Anukriti Mishra

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