Before this Hon’ble High Court with regard to petition is filed in the interest of general public for enhancing the air frequency/air connectivity and other facilities at Surat Airport, Surat and to make Surat Airport an International airport for the people of Surat City.
IN THE HON’BLE HIGH COURT OF GUJARAT AT AHMEDABAD
DISTRICT: SURAT
EXTRAORDINARY ORIGINAL JURISDICTION
WRIT PETITION NO. 66/ 2016 (PIL)
Ref: In the matter of Public Interest Litigation related to get more Air connectivity/ frequency of domestic as well as international flights from the city of Surat to various other cities within and outside India.
In the matter of Articles 14, 19, 21 and 226 of the Constitution of India;
And
In the matter of the Airports Authority of India Act, 1994;
And
In the matter of between;
Sajeev Bhargav Ezhava
Age: 39 years, Occupation: Business, Male,
President of Surat Airport Action Committee,
Having address at: B-403, Saneswar Complex,
Mahadev faliya , Katargam, Surat-395004. … Petitioner
Versus
1. The State of Gujarat
(Notice to be served upon
The Secretary
Home Department,
2nd Floor, Swarnim Sankul – 2,
New Sachivalay, Gandhinagar.)
2. Civil Aviation Department,
Government of Gujarat,
Through its Director,
2nd Floor, B-Tower, GMDC
"Khanij Bhavan", 132 Ft. Ring Road,
Nr.University Ground, Vastrapur,
Ahmedabad - 380 052.
3. Union of India
Through its Secretary,
Ministry of Civil Aviation,
Rajiv Gandhi Bhawan, Safdarganj Airport,
New Delhi – 110 003.
4. Airport Authority of India,
Though its Chairman,
Rajiv Gandhi Bhawan, Safdarganj Airport,
New Delhi – 110 003.
5. Directorate General of Civil Aviation
Through its Director General,
Aurbindo Marg, Opp. Safdarjang Airport,
New Delhi-110003.
6. Air India
Through its Chairman-cum-Managing Director,
Air India Ltd.,
Air Lines House, 113 Gurudwara Rakabganj Road,
New Delhi-110 001.
7. Surat Airport Authority
Through its Airport Director,
Dumas Road, Dumas, Surat – 394 550 …Respondents
TO,
THE HONOURABLE THE CHIEF JUSTICE
AND OTHER HONOURABLE JUDGES
OF THE HIGH COURT OF GUJARAT
AT AHMEDABAD.
The humble petition of the Petitioner above named;
MOST RESPECTFULLY SHEWETH THAT:-
1. That this petition is filed under Articles 14, 19, 21 and 226 of the Constitution of India by way of public interest litigation. So far as the present Petitioner is concerned, the petitioner is the founder and President of Surat Airport Action Committee (hereinafter referred as “ SAAC ”). SAAC is a public group of people formed with a view to promote and to create public awareness amongst public for enhancing the air frequency/air connectivity at Surat Airport, Surat and to make Surat Airport an International airport for the people of Surat City. It is further submitted that, SAAC is a public group of people from all walks of society and has also done various promotional activities by coordinating amongst its members for creating the public awareness about air connectivity issues for the city of Surat. It is also submitted that, SAAC has also filed various RTI under the Right to Information Act with the authorities with regard to the abovementioned issues. Hence, there is no personal interest in the litigation except for the benefit of the public at large. Hence, this petition is filed in the interest of general public for enhancing the air frequency/air connectivity and other facilities at Surat Airport, Surat and to make Surat Airport an International airport for the people of Surat City. The Petitioner has not filed any other Public Interest Litigation except the present subject matter. A copy of the Memorandum of Understanding of SAAC and copies of the declaration cum undertaking of SAAC members are annexed hereto and marked as Annexure-A Collectively.
2. That the present Petitioner is located at Surat and the petitioner along with other members have formed the public group known as Surat Airport Action Committee which compromises of people from all walks of society with a view to promote and to create public awareness amongst public for enhancing the air frequency/air connectivity at Surat Airport, Surat and to make Surat Airport an International airport for the people of Surat City. Hence, the Petitioner is the citizen of India and Indian nationals and the persons for whom this petition is filed, are also the residents and citizens of India. It is further submitted that, no public interest litigation is filed by the present petitioner here before and no contempt proceedings are ever initiated against the petitioner. It is submitted that, the Petitioner had conducted various public awareness programs such as organizing drawing competition on surat airport, also by displaying hoardings within the city containing valuable information for the awareness among the people of surat and also by creating public awareness through social media platforms. A copy of the public awareness programs done by the SAAC is annexed hereto and marked as Annexure-B Colly.
3. The Petitioner is filing the present petition purely in public interest, on their own and not at the instance of any other person or organization. The litigation cost, including the advocate fees and the travelling expenses are being borne by the petitioner himself. Petitioner also submits that the source of income of the petitioner is from its business, so the petitioner not mentioned any fixed income. It is also submitted that, the free service is offered by the Ld. Advocate and therefore, except some costs, there will be no further expenses to be borne by the petitioner. Petitioner is a law abiding citizen and not faces any contempt petition till today.
4. The facts of the case are as under:-
4.1 The Ministry of Civil Aviation of Government of India is the nodal Ministry responsible for the formulation of national policies and programs for development and regulation of Civil Aviation and for devising and implementing schemes for the orderly growth and expansion of civil air transport. Its functions also extend to overseeing airport facilities, air traffic services and carriage of passengers and goods by air. It is further submitted that, The Airports Authority of India (AAI) under the Ministry of Civil Aviation is responsible for creating, upgrading, maintaining and managing civil aviation infrastructure in India. It provides Air traffic management (ATM) services over Indian airspace and adjoining oceanic areas. It also manages a total of 125 Airports including 11 International Airports, 8 Customs Airports, 81 Domestic Airports and 25 Civil enclaves at Military Airfields. AAI also has ground installations at all airports and 25 other locations to ensure safety at aircraft operations. AAI covers all major air-routes over Indian landmass via 29 Radar installations at 11 locations along with 89VOR/DVOR installations co-located with Distance Measuring Equipment (DME). 52 runways are provided with Instrument landing system (ILS) installations with Night Landing Facilities at most of these airports and Automatic Message Switching System at 15 Airports.
4.2 That the airport of the city of Surat is located at Dumas Road, Dumas, Surat, Gujarat – 394 550 being the south western part of Surat having classified as Category- 4C with sufficient infrastructure. The new terminal at the surat airport can handle 1500 passengers per hour. At present only few operators are operating at the Surat airport with very limited connectivity and at present Surat Airport has direct air connectivity with Delhi and Mumbai. Airlines companies such as Air India operate daily 2 flights per day from Surat to Delhi and one flight 3 days in a week from Surat to Mumbai.
4.3 Surat city is of a great historical importance for trade. In modern times Surat is known as Diamond Hub of the world and Textile hub of India. It is the 8th largest populated city of India, the city is ranked 4th as future smart city and ranked 6th as Swachh Bharat city. It is having the fastest growing GDP mainly in the field of Diamond, textile, corporate industries and was also selected as the first smart IT city in India which is being constituted by the Microsoft City Next Initiative tied up with IT services majors Tata Consultancy Services and Wipro. Hence, despite such excellent and fast growing economy Surat is the only city in the world without proper air connectivity while having more than 4.6 million populations. A copy of the factual information regarding surat airport and about surat city is annexed hereto and marked as Annexure-C Colly.
4.4 Today, air travel has become essential, even for a common man, due to the impact of the economic growth and Information Technology, many persons which includes businessmen, professionals, NRI etc from the Surat and nearby districts of Navsari, Valsad etc compromising of total population up to 9.4 million are frequently needs to fly at domestic and international destination to various parts of the World, especially to U.S.A., U.K., Singapore, Dubai, Australia and Japan, leaving no place in the world and such persons are given the benefit of Non- Residential Indian status, thereby generating a major part of revenue for the Country.
4.5 Having mentioned hereinabove that airport at Surat was sufficient to cater to the needs of the people, belonging to Surat and nearby districts and also able to handle more number of flights, especially international flights, the present magnificent Airport Terminus was built and is equipped with all the latest facilities and also the Airport Authority of India has planned to acquired and the state government already allotted 864 hectors of land for future development, however at present the respondent no.3 had granted permission for operating direct flights to Delhi and Mumbai from Surat, by the 6th respondent Airways who operate daily 2 flights per day from Surat to Delhi and one flight from Surat to Mumbai. Hence, this fact clearly shows that due to lack of proper air connectivity the people from Surat and nearby districts needs to travel 270 km either to Ahmedabad or Mumbai for international flights and even for domestic flights they need to travel 150 km to Vadodara which is 3 times smaller city than Surat, therefore, since there is no proper air connectivity the Airport of Surat is a virtual elephant being maintained at the cost of public exchequer without serving any purpose. A copy of the Surat Airpot Catchment area of nearby districts is annexed hereto and marked as Annexure-D.
4.6 The Petitioner submits that, it is the obligation on the part of the respondents being statutory authorities to secure the public means by providing amenities to its citizens who are tax payers and contribute for the revenue of the respondent authorities but in the present case the respondent authorities failed to discharge their statutory legal obligations which are unconstitutional. The Petitioner submits that, for the first time in the aviation history the textile dyeing and printing mill owners provided Rs. 3 Crore worth of bank guarantee to Air India to fly airbus between Delhi and Surat. However, such a condition precedent for bank guarantee by the Air India for starting Surat-New Delhi airbus is totally arbitrary and illegal as being tax payers it is our legal right to get flight connectivity from the national carrier. It is also submitted that, the Air India despite making loss operating at other airport had never asked for any kind of bank guarantee from such cities. Also despite giving bank guarantee to Air India the air fare between Surat to Delhi is very high compare to other air fare of cities like Vadodara, Ahmedabad and Mumbai to Delhi, therefore, this fact clearly shows that Air India is making profit by operating the Surat to Delhi route compare to other cities then also more number of flights connectivity is not provided despite it is profit making for Air India nor the Air India has brought down the air fare for Surat-Delhi route. Therefore, the conduct of the respondent authorities clearly shows that despite operating at Surat Airport is profit making no air connectivity is increased and also demanding of bank guarantee for flight operations is nothing but discrimination to the Surat City. A copy of the news paper reports are annexed hereto and marked as Annexure-E Colly.
4.7 The Petitioner submits that, the Petitioner begs to show some statistical data which clearly depicts the true picture of the Surat City. A chart showing comparison between selected smart Cities in terms of their population and no of flights takeoff and landing per day. This fact shows that surat city being at no.4 have only 5 flights operated per day compare to other cities who have more flights being operated despite low population than surat city, therefore, small towns have more flights that surat city. Hence, compare to other cities and small towns despite population, potential customers and profit making route there is no air connectivity at Surat Airport. A copy of the data is annexed hereto and marked as Annexure-F Colly.
4.8 The Petitioner submits that, considering the comparison between Surat and Vadodara the statistical data clearly shows that compare to Vadodara the Surat City pays 35% more tax to the government than also at Vadodara airport 20 flights operate per day and only 5 flights per day at Surat Airport. Moreover, other statistical data reflects that compare to other route surat is paying highest airfare thus Surat is a profit making route then also no connectivity. A copy of the data is annexed hereto and marked as Annexure-G Colly.
4.9 It is submitted that an Commonwealth Table Tennis Tournament was organized in Surat wherein more than 30 countries were expected to take part in the said event. However, due to poor air connectivity in Surat many countries pull out from the event which is nothing but a major setback for the tourism and sports culture of the city. Also Surat Municipal Corporation is going to developed Multi Sport Stadium but such facilities is of no use if there is no air connectivity at Surat which enables the foreigners to visit and take part in the sports events organized within the city. Even the tourism sector in the international level has improved, tourists coming from other countries are interested to visit heritage places, take part in sports and cultural events and therefore more air connectivity to Surat from other international airports are very much essential. Also at present there are only two 5 star category hotel, therefore, because of poor air connectivity hotel industries are affected. But, unfortunately, the respondents have failed to take note of Surat Airport, which is now connected with only two metro cities of our country. A copy of the sport event and stadium is annexed hereto and marked as Annexure-H Colly.
4.10 The Petitioner submits that, the travelling by air is more safe than travelling by road as every year people travelling by road face more accidents due to heavy traffic as per the data and also the aviation accident deaths is very less every year and hence, travelling by air is more as there is no air connectivity in surat and therefore, the people from surat travel by road to reach the nearest airport for catching flight and hence they tend to drive very fast due to hurry in catching flight which may tend to occur in road accident. A copy of the data showing road accident and aviation accident is annexed hereto and marked as Annexure-I Colly.
4.11 The Petitioner submits that, the Petitioner has addressed the aforesaid grievance by writing letters to the authorities but till date the respondent authorities did not took any action with regard to the presentation made by the Petitioner. Also the Petitioner has obtained various information under the Right to Information Act wherein it is crystal clear that the Surat city is the highest paying revenue to the state and also the people has potential capacity to travel by air as the economic growth of the city is already developed but due to lack of air connectivity the surat is face tremendous difficulty by every people. A copy of the letter of the Petitioner and the information obtained under the RTI is annexed hereto and marked as Annexure-J Colly.]
4.12 The Petitioner submits that, the airport at surat is having ISO certificate which itself shows that the airport at surat is having highest standard of facilities and infrastructure but till date no air connectivity is provided by the respondent authorities despite so much efforts made by the Petitioner. Also earlier the respondent authorities announced that they shall operate Surat to Dubai flight for the people of surat but however till date after announcement of the said route no such flight ever started till date. Also no more air connectivity was ever increased by the respondent authorities shows that they failed to perform their statutory duties and the people of surat are deprived of their right to fly. A copy of the newspaper report is annexed hereto and marked as Annexure-K Colly.
4.13 The Petitioner submits that, the statistical data obtained by the Petitioner from the website of the Airport Authority of India and from the said data the Petitioner has calculated and tried to show that due to lack of air connectivity the city of surat is facing tremendous problems as mentioned hereinabove. A copy of the data collected by the Petitioner from the Airport Authority of India website is annexed hereto and marked as Annexure-L.
4.14 That the present public interest litigation has been preferred in order to canvass the practical difficulty being faced by the population of Surat city who are mainly desirous to travel by air since there is very few domestic flights connecting only two metro cities i.e. Bombay and Delhi. It is indeed vital to mention that in the present scenario, people of Surat city who are desirous to take air route in order to travel to any other city of India or other country, have to take route connecting through airports of Mumbai, Ahmedabad or Vadodara cities which is 290kms, 273 kms and 150 kms away from Surat airport respectively. Considering the same to be nearest from Surat airport. For instance, if any passenger is desirous to travel to Bangalore, then the he has to take flight connecting through Mumbai, Ahmedabad or Vadodara airport in lieu of the fact that no direct flights are available.
4.15 That in the present scenario the city of Surat (located within the territory of Gujarat, India), is densely populated city consisting of 4.6 million population in accordance to the 2011 consensus, making surat the second largest city in Gujarat after Ahmedabad. As per Study by City mayor’s foundation Surat is the 4th Fastest growing City in the world. 8th most populated city of India, Surat had the fastest GDP in India which is 11.5% during consecutive 7 fiscal years 2001-08. Recently Surat Selected as a future Smart Cities list 4th place among 20 cities, Surat Selected as a Swachh Bharat City with 6th Rank in India. Industries like Reliance, Essar, L&T, KRIBHCO, Shell, Cairn, NTPC, Gail, ONGC, ABG Shipyard etc. are having their large Units at Surat. Surat is selected as the first smart IT city in India which is being constituted by the Microsoft CityNext Initiative tied up with IT services majors Tata Consultancy Services and Wipro. The city has 2.97 million internet users which is about 65% of total population. That by duly taking into consideration economy of the city of Surat, it is widely known for diamond; textiles as well as diamond studded gold jewelry. World 92% Diamond Cutting & Polishing done in Surat. And thereby, the city of Surat is also popularly known as “Diamond City”. Surat is also known as “Silk City” of India because of India’s 40% of total Textile production having in Surat City, as from Surat Nylon and synthetic grey material export to various different cities in India and other Countries. The city of Surat is also flourishing with the advent of time so far as Corporate industries are concerned as well as Information Technology Companies are concerned.
4.16 That it is pertinent to mention that the city of Surat is no more a developing city rather it is a developed city considering the above referred economical statistics. And thereby, there is grave need of increasing number of airlines connecting from Surat city which will mainly curtail traveling time and will add to convenience of people of Surat city.
4.17 It is vital to mention that facility of airlines is not merely limiting to the rich class, even the needy class use this traveling facility for the purpose of medical emergency. It is indeed vital to mention that, this facility is also required by businessmen, professionals, Migrant peoples from different states, entrepreneurs as well as students in order to utilize time fully. And thereby, there is a pertinent need of increase in number of airlines/ frequency from the city of Surat.
4.18 That the humble submission of the Petitioner is that in view of the fact that there is already an airport existing in Surat city and the Respondent authorities are spending crores of rupees in the operation of the same and thereby, it is prudent that more domestic as well as international flights should be made operational from Surat city to various other places so that the facility which is existing is actually used for the purpose for which it exists.
4.19 That along with increasing the air frequency of domestic as well as international flights from the Surat city, airport also needs to improvise in the facilities being provided at the Airport inclusive of infrastructure of the Surat city airport focusing the comfort level of the passengers.
4.20 That in lieu of these circumstances, the Petitioner is filing the present Writ Petition with the humble prayer that keeping in view the fact that there is an Airport existing at Surat city and the Respondents are spending crores of rupees for the operation of the same, it is very prudent that the flights should be made operational to Surat city from various places which falls within the State or outside the State by increasing the number of flights at domestic as well as international destinations, so that the facility which is existing is actually used for the purpose for which the said facility has been created.
5. The need for filing the petition arose because, in view of the above facts and circumstances of the case the matter requires immediate consideration of the respondent authorities and to take immediate decision to design and layout plan to improve the operational facilities at Surat Airport and immediately in the interest of revenue as well as well as in improving public service the respondent authorities should immediately take a decision to have more number of flight operations from Surat to other countries as well as other cities in the country. Hence, on the basis of the information as stated hereinabove which is collected by way of information from various sources and, therefore, for the purpose of protection of public at large and violation of the policy and the rules by the respondent authorities, this petition is filed for the protection of the fundamental rights and for effective implementation for the air connectivity at Surat Airport.
6. It is submitted that before coming to this Hon’ble Court, the present petitioner, through its helpers and other interested people, has made several representations for the purpose of knowing all the things. But, it is a matter of regret that no proper reply is given and therefore, in absence of any reply or action to such representations/letters, the present petitioner has come to this Hon’ble Court seeking appropriate relief. Copies of the representations and letter written by the Petitioner as annexed hereinabove.
7. That to the best of the knowledge and information of the present petitioner, no public interest litigation raising the same issue with regard to improving air connectivity at Surat Airport is filed before this Hon’ble Court or before any other Court.
8. The Present petition has been filed on the following amongst other grounds:-
G R O U N D S
(a)The entire fact and history clearly indicates that all the respondents authorities have neglected their statutory duties and obligations for providing the air connectivity at the Surat Airport and the people of the Surat are deprived of their fundamental rights to access the air connectivity despite they all are the tax payers of the state and great hardship and difficulties are being faced by the people of surat due to lack of air connectivity.
(b)The fundamental rights of the people at large are at stake and without considering the fact that the people of surat city requires immediate air connectivity despite other smaller towns and cities have better air connectivity compare to surat which showcase the discrimination towards the people of surat by the respondent authorities for the reasons best known to them. And the respondent authorities have violated and have not taken any steps for the purpose of having air connectivity at the Surat Airport as mentioned hereinabove.
(c)That the respondent authorities have not followed any norms or have taken any steps for any of the issues raised by the petitioner and till date despite having fully fledged developed infrastructure at the surat airport and also the route of flights operated by the airlines at surat airport is profit making for the airlines then also till date no more connectivity been provided to the surat city and the surat city has been neglected despite having the highest economic growth being the largest in the State of Gujarat generating revenue for the state, the city of surat is totally neglected by the state in providing basic necessity of air connectivity not only in the interest of the people of surat but the same is also beneficial and lucrative for the state in a way the city will generate more revenue for the state.
(d)That by duly considering the fact that Surat city is a developed city there is a pertinent need to increase the number of domestic as well as international flights connecting various other cities.
(e)That due to lack of direct air connectivity of flights from Surat airport, economy of the Surat city is adversely affected.
(f) That due to lack of regularly available flights all the travelers are deprived of using this facility in case of medical emergencies.
(g)That due to lack of regularly available flights especially professionals like doctors, lawyers; businessmen, students are also suffering.
(h) That due to lack of regular flights Migrant Peoples from other states, more than 2 million can’t attend their most emergency incidents at their native places.
(i) That due to lack of regular flights Surat peoples force to catch their flights from Mumbai & Ahmadabad mostly. As per one survey more than 500 no of 7 seat cars running between Surat & Mumbai daily. It’s making Rs.73.29 Crore per year Revenue Income Loss to Gujarat.
(j) Regular / Frequently Air Connectivity will help to decrease pollution due to fuel consumption, because peoples can use Air services instead of Cars & cargo Vehicles from & to Surat.
(k)That due to lack of regularly available flights, tourism which is one of the main source of earning for the Surat city is adversely affected. That mainly due to lack of regularly available flights, there is an extra delay in the courier, e-commerce services. Due to this lacking serve, many classes are affected inclusive of business class, professionals like lawyers etc.
(l) That the Surat city consists majorly of business class and due to these lack of services all the businessmen who have tie up with people of other State or other Countries are facing great hardships since much of their time is wasted in transportation.
(m) That the Surat city is not having any international Air connectivity till the present date. Surat Diamond Industries linked with International Markets, like Bangkok, Entrope, Belgium, Thailand, Canada, USA, UK, Chaina, Korea..etc. And Surat city surrounded city area like Bardoli, Navsari, vyara, Songadh, likely one NRI member is seen in every home, who are suffering difficulties due to lack of International Air Connectivity. It is vital to mention that in accordance to the available reports from the Airport Authority of India, small cities in comparison to Surat city are having direct international connectivity. which is grave injustice to the people of Surat city. And thereby, it is vital to start flight operations connecting Surat city and other destinations outside India.
(n) That the Surat city is not having Proper Domestic Air connectivity till the present date. Surat Diamond Industries linked with other Indian markets, like Mumbai, Kolkata, Bangalore, Bhavnagar, Ahmadabad, Cochin...etc. And Surat Textile Markets linked with other Indian markets like Hyderabad, Chennai, Calcutta, Bangalore, Cochin.. etc It is vital to mention that in accordance to the available reports from the Airport Authority of India , small cities in comparison to Surat city are having direct Domestic connectivity. This is grave injustice to the people of Surat city and thereby, it is vital to start flight operations connecting Surat city and other destinations within India.
(o)National Carrier, AirIndia started Service on 1st Oct-2015 from Delhi- Surat-Delhi evening flight with AirBus 320. And now running with more than 90% passenger load. Currently AirIndia operating daily morning Delhi- Surat-Delhi with CRJ70 (70 seater), daily evening Delhi- Surat-Delhi with AirBus320 (168 seater), 3 days in a week Mumbai-Surat-Mumbai with ATR70. (70 seater).
(p)Surties (people of Surat) always paying high Air fare compare to other city. Surties paying almost double fare to Delhi compare to other city & 30% more to Mumbai compare to other city.
(q)As per the data available at Airport Authority of India’s web site # Trivandrum International Airport situated 260 km from Cochin International Airport. # Kozhikode International Airport situated 152 km from Cochin International Airport. #Coimbatore InternationalAirport situated 363 km from Bangalore International Airport. #Chennai InternationalAirport situated 346 km from Bangalore International Airport.
#TirupatiDomesticAirport situated 251 km from Bangalore International Airport. #AurangabadDomesticAirport situated 333 km from Mumbai International Airport. #Pune Custom Airport situated 148 km from Mumbai International Airport. Then only why injustice to Surat people’s which are located 290 km far from Mumbai International & 260 km far from Ahmadabad International Airport.
Very soon Surat will reach the Next Metro city rank In India. As per 2011 census Population of Surat city 4.6 million and Having total 5 takeoff & landing (T&L) per day at Surat Airport. If compare to other Indian cities Pune having Population of 3.1 million and 108 T&L , Jaipur having 3.0 million population and 28 T&L , Nagpur having 2.4 million population and 35 T&L. etc.. other comparison.
(r) Surat city Paying more Income Tax than Vadodara & Rajkot city. In Year 2014-2015 Surat Paid Rs. 3924.40 Crore and Vadodara, Rajkot Paid Rs.2830.76 Crore, 1239.70 Crore respectively. And In Value Added Tax (VAT) as same above Suratcity Paying VAT than Vadodara & Rajkot city. In Year 2014-2015 Surat city Paid Rs. 4050.49 Crore and Vadodara, Rajkot Paid Rs.2049.53 Crore, 1335.47 Crore respectively. Till today Gujarat Government has not fulfilled yet, their promise to provide 630.49 hector Land for Surat Airport for future development, which are mutually agreed (MOU) with Airport Authority India, January -2009. There after a reminder letter on 26-Jan,2014 send by Airport Authority of India, Surat to The District Collector, Surat for hand over the proposed land to Airport Authority of India. But unfortunately no further action taken for the same by The Government of Gujarat.
(s)The present petitioner had already send letter dtd- 06-02-15, to PMO, related to said letter, reply with Public Grievance No. MOPG/D/2016/0054933 Dated 29/02/2016, “Civil aviation department Govt. of Gujarat has submitted proposal for declaration Surat and Vadodara airport as International Airport and is under review /consideration at MOCA ( Ministry of Civil Aviation) level . No further details /information in this regard available with this office “. And in same way another letter of petitioner to Airport Authority of India, Surat dtd- 08/04/2016, replying said letter:- “ Presently Surat Airport having Cat-4C, likely to be proposed for Cat-4D. Most of criteria at Surat Airport meeting up gradation to Cat-4D except required PCN/Runway strength, side shoulder of Taxiway and Runway length.”
(t) As per the data available on Airport Authority’s Website Bangalore Airport have (Avg) 124 passengers per flight, Hyderabad Airport have 118 pass per flight, And Surat Airport have 108 pass per flight data.
9. That the petitioner are seeking interim relief on the following grounds:-
GROUNDS FOR INTERIM RELIEF
(A)The grounds for interim relief have been narrated in the present petition showing the required urgency.
(B) Petitioner has a prima facie case. Balance of Convenience is in favour of the Petitioner. No irritable damage will cause to the respondent and also it is in the interest of the respondents also if interim relief prayed for is granted.
10. The Petitioner submit that, no other application or petition is filed or pending before any other Tribunal, Court, Authority or Hon’ble High Court or Hon’ble Supreme Court of India in respect to the subject matter of this Petition except this petition before this Hon’ble Court.
11. The Petitioner has no other alternative efficacious remedy but to approach this Hon’ble Court by way of this Petition.
12. That the Petitioner prays that this Hon’ble Court may be pleased to:-
A. Your Lordships may be pleased to issue a Writ of Mandamus and/or any other appropriate Writ, order or direction in the nature of mandamus directing the Respondents authorities herein to take effective steps to ensure regular flights to commence at the earliest from Surat City Airport to various other destinations within State as well as outside the State and outside India;
B. Your Lordships may be pleased to issue a Writ of Mandamus and/or any other appropriate Writ, order or direction in the nature of mandamus directing the Respondents authorities herein to take effective steps in order to improvise the facilities available at the Surat City Airport inclusive of infrastructure of Surat City Airport;
C. Your Lordships may be pleased to direct the Respondent authorities to place entire record of the case till date what steps and measures the respondent authorities have taken for the development and air connectivity for the Surat City Airport;
D. Pending admission, hearing and/or final disposal of this Petition, Your Lordships may be pleased to constitute a Committee comprising of each member from the Respondent authorities including the present Petitioner and also if any experts on the subject as deem fit by this Hon’ble Court to suggest/discuss and to take all steps to make the Airport of Surat operational effectively, the viability of flights and their intent to fly to/from Surat Airport and expeditiously and Your Lordships may be pleased to further direct the said Committee after conducting meeting and inspection to submit the status /compliance report for kind perusal of this Hon’ble Court;
E. Pending admission, hearing and/or final disposal of this Petition, Your Lordships may be pleased to direct the Respondent authorities to immediately make arrangement to start/increase the operational flights at the earliest from Surat City Airport to various other destinations within State as well as outside the State and outside India;
F. Your Lordships may be pleased to grant any other relief or reliefs’ as this Hon’ble Court may deem just, fit and expedient be granted in favour of the Petitioner;
AND FOR THIS ACT OF KINDNESS AND JUSTICE THE PETITIONER SHALL AS IN DUTY BOUND SHALL FOREVER PRAY.
Place:
Date: ____________________
VISHAL J.DAVE
ADVOCATE FOR THE PETITIONER
IN THE HON’BLE HIGH COURT OF GUJARAT AT AHMEDABAD
DISTRICT: SURAT
EXTRAORDINARY ORIGINAL JURISDICTION
WRIT PETITION NO. 66/ 2016 (PIL)
Ref: In the matter of Public Interest Litigation related to get more Air connectivity/ frequency of domestic as well as international flights from the city of Surat to various other cities within and outside India.
In the matter of Articles 14, 19, 21 and 226 of the Constitution of India;
And
In the matter of the Airports Authority of India Act, 1994;
And
In the matter of between;
Sajeev Bhargav Ezhava
Age: 39 years, Occupation: Business, Male,
President of Surat Airport Action Committee,
Having address at: B-403, Saneswar Complex,
Mahadev faliya , Katargam, Surat-395004. … Petitioner
Versus
1. The State of Gujarat
(Notice to be served upon
The Secretary
Home Department,
2nd Floor, Swarnim Sankul – 2,
New Sachivalay, Gandhinagar.)
2. Civil Aviation Department,
Government of Gujarat,
Through its Director,
2nd Floor, B-Tower, GMDC
"Khanij Bhavan", 132 Ft. Ring Road,
Nr.University Ground, Vastrapur,
Ahmedabad - 380 052.
3. Union of India
Through its Secretary,
Ministry of Civil Aviation,
Rajiv Gandhi Bhawan, Safdarganj Airport,
New Delhi – 110 003.
4. Airport Authority of India,
Though its Chairman,
Rajiv Gandhi Bhawan, Safdarganj Airport,
New Delhi – 110 003.
5. Directorate General of Civil Aviation
Through its Director General,
Aurbindo Marg, Opp. Safdarjang Airport,
New Delhi-110003.
6. Air India
Through its Chairman-cum-Managing Director,
Air India Ltd.,
Air Lines House, 113 Gurudwara Rakabganj Road,
New Delhi-110 001.
7. Surat Airport Authority
Through its Airport Director,
Dumas Road, Dumas, Surat – 394 550 …Respondents
TO,
THE HONOURABLE THE CHIEF JUSTICE
AND OTHER HONOURABLE JUDGES
OF THE HIGH COURT OF GUJARAT
AT AHMEDABAD.
The humble petition of the Petitioner above named;
MOST RESPECTFULLY SHEWETH THAT:-
1. That this petition is filed under Articles 14, 19, 21 and 226 of the Constitution of India by way of public interest litigation. So far as the present Petitioner is concerned, the petitioner is the founder and President of Surat Airport Action Committee (hereinafter referred as “ SAAC ”). SAAC is a public group of people formed with a view to promote and to create public awareness amongst public for enhancing the air frequency/air connectivity at Surat Airport, Surat and to make Surat Airport an International airport for the people of Surat City. It is further submitted that, SAAC is a public group of people from all walks of society and has also done various promotional activities by coordinating amongst its members for creating the public awareness about air connectivity issues for the city of Surat. It is also submitted that, SAAC has also filed various RTI under the Right to Information Act with the authorities with regard to the abovementioned issues. Hence, there is no personal interest in the litigation except for the benefit of the public at large. Hence, this petition is filed in the interest of general public for enhancing the air frequency/air connectivity and other facilities at Surat Airport, Surat and to make Surat Airport an International airport for the people of Surat City. The Petitioner has not filed any other Public Interest Litigation except the present subject matter. A copy of the Memorandum of Understanding of SAAC and copies of the declaration cum undertaking of SAAC members are annexed hereto and marked as Annexure-A Collectively.
2. That the present Petitioner is located at Surat and the petitioner along with other members have formed the public group known as Surat Airport Action Committee which compromises of people from all walks of society with a view to promote and to create public awareness amongst public for enhancing the air frequency/air connectivity at Surat Airport, Surat and to make Surat Airport an International airport for the people of Surat City. Hence, the Petitioner is the citizen of India and Indian nationals and the persons for whom this petition is filed, are also the residents and citizens of India. It is further submitted that, no public interest litigation is filed by the present petitioner here before and no contempt proceedings are ever initiated against the petitioner. It is submitted that, the Petitioner had conducted various public awareness programs such as organizing drawing competition on surat airport, also by displaying hoardings within the city containing valuable information for the awareness among the people of surat and also by creating public awareness through social media platforms. A copy of the public awareness programs done by the SAAC is annexed hereto and marked as Annexure-B Colly.
3. The Petitioner is filing the present petition purely in public interest, on their own and not at the instance of any other person or organization. The litigation cost, including the advocate fees and the travelling expenses are being borne by the petitioner himself. Petitioner also submits that the source of income of the petitioner is from its business, so the petitioner not mentioned any fixed income. It is also submitted that, the free service is offered by the Ld. Advocate and therefore, except some costs, there will be no further expenses to be borne by the petitioner. Petitioner is a law abiding citizen and not faces any contempt petition till today.
4. The facts of the case are as under:-
4.1 The Ministry of Civil Aviation of Government of India is the nodal Ministry responsible for the formulation of national policies and programs for development and regulation of Civil Aviation and for devising and implementing schemes for the orderly growth and expansion of civil air transport. Its functions also extend to overseeing airport facilities, air traffic services and carriage of passengers and goods by air. It is further submitted that, The Airports Authority of India (AAI) under the Ministry of Civil Aviation is responsible for creating, upgrading, maintaining and managing civil aviation infrastructure in India. It provides Air traffic management (ATM) services over Indian airspace and adjoining oceanic areas. It also manages a total of 125 Airports including 11 International Airports, 8 Customs Airports, 81 Domestic Airports and 25 Civil enclaves at Military Airfields. AAI also has ground installations at all airports and 25 other locations to ensure safety at aircraft operations. AAI covers all major air-routes over Indian landmass via 29 Radar installations at 11 locations along with 89VOR/DVOR installations co-located with Distance Measuring Equipment (DME). 52 runways are provided with Instrument landing system (ILS) installations with Night Landing Facilities at most of these airports and Automatic Message Switching System at 15 Airports.
4.2 That the airport of the city of Surat is located at Dumas Road, Dumas, Surat, Gujarat – 394 550 being the south western part of Surat having classified as Category- 4C with sufficient infrastructure. The new terminal at the surat airport can handle 1500 passengers per hour. At present only few operators are operating at the Surat airport with very limited connectivity and at present Surat Airport has direct air connectivity with Delhi and Mumbai. Airlines companies such as Air India operate daily 2 flights per day from Surat to Delhi and one flight 3 days in a week from Surat to Mumbai.
4.3 Surat city is of a great historical importance for trade. In modern times Surat is known as Diamond Hub of the world and Textile hub of India. It is the 8th largest populated city of India, the city is ranked 4th as future smart city and ranked 6th as Swachh Bharat city. It is having the fastest growing GDP mainly in the field of Diamond, textile, corporate industries and was also selected as the first smart IT city in India which is being constituted by the Microsoft City Next Initiative tied up with IT services majors Tata Consultancy Services and Wipro. Hence, despite such excellent and fast growing economy Surat is the only city in the world without proper air connectivity while having more than 4.6 million populations. A copy of the factual information regarding surat airport and about surat city is annexed hereto and marked as Annexure-C Colly.
4.4 Today, air travel has become essential, even for a common man, due to the impact of the economic growth and Information Technology, many persons which includes businessmen, professionals, NRI etc from the Surat and nearby districts of Navsari, Valsad etc compromising of total population up to 9.4 million are frequently needs to fly at domestic and international destination to various parts of the World, especially to U.S.A., U.K., Singapore, Dubai, Australia and Japan, leaving no place in the world and such persons are given the benefit of Non- Residential Indian status, thereby generating a major part of revenue for the Country.
4.5 Having mentioned hereinabove that airport at Surat was sufficient to cater to the needs of the people, belonging to Surat and nearby districts and also able to handle more number of flights, especially international flights, the present magnificent Airport Terminus was built and is equipped with all the latest facilities and also the Airport Authority of India has planned to acquired and the state government already allotted 864 hectors of land for future development, however at present the respondent no.3 had granted permission for operating direct flights to Delhi and Mumbai from Surat, by the 6th respondent Airways who operate daily 2 flights per day from Surat to Delhi and one flight from Surat to Mumbai. Hence, this fact clearly shows that due to lack of proper air connectivity the people from Surat and nearby districts needs to travel 270 km either to Ahmedabad or Mumbai for international flights and even for domestic flights they need to travel 150 km to Vadodara which is 3 times smaller city than Surat, therefore, since there is no proper air connectivity the Airport of Surat is a virtual elephant being maintained at the cost of public exchequer without serving any purpose. A copy of the Surat Airpot Catchment area of nearby districts is annexed hereto and marked as Annexure-D.
4.6 The Petitioner submits that, it is the obligation on the part of the respondents being statutory authorities to secure the public means by providing amenities to its citizens who are tax payers and contribute for the revenue of the respondent authorities but in the present case the respondent authorities failed to discharge their statutory legal obligations which are unconstitutional. The Petitioner submits that, for the first time in the aviation history the textile dyeing and printing mill owners provided Rs. 3 Crore worth of bank guarantee to Air India to fly airbus between Delhi and Surat. However, such a condition precedent for bank guarantee by the Air India for starting Surat-New Delhi airbus is totally arbitrary and illegal as being tax payers it is our legal right to get flight connectivity from the national carrier. It is also submitted that, the Air India despite making loss operating at other airport had never asked for any kind of bank guarantee from such cities. Also despite giving bank guarantee to Air India the air fare between Surat to Delhi is very high compare to other air fare of cities like Vadodara, Ahmedabad and Mumbai to Delhi, therefore, this fact clearly shows that Air India is making profit by operating the Surat to Delhi route compare to other cities then also more number of flights connectivity is not provided despite it is profit making for Air India nor the Air India has brought down the air fare for Surat-Delhi route. Therefore, the conduct of the respondent authorities clearly shows that despite operating at Surat Airport is profit making no air connectivity is increased and also demanding of bank guarantee for flight operations is nothing but discrimination to the Surat City. A copy of the news paper reports are annexed hereto and marked as Annexure-E Colly.
4.7 The Petitioner submits that, the Petitioner begs to show some statistical data which clearly depicts the true picture of the Surat City. A chart showing comparison between selected smart Cities in terms of their population and no of flights takeoff and landing per day. This fact shows that surat city being at no.4 have only 5 flights operated per day compare to other cities who have more flights being operated despite low population than surat city, therefore, small towns have more flights that surat city. Hence, compare to other cities and small towns despite population, potential customers and profit making route there is no air connectivity at Surat Airport. A copy of the data is annexed hereto and marked as Annexure-F Colly.
4.8 The Petitioner submits that, considering the comparison between Surat and Vadodara the statistical data clearly shows that compare to Vadodara the Surat City pays 35% more tax to the government than also at Vadodara airport 20 flights operate per day and only 5 flights per day at Surat Airport. Moreover, other statistical data reflects that compare to other route surat is paying highest airfare thus Surat is a profit making route then also no connectivity. A copy of the data is annexed hereto and marked as Annexure-G Colly.
4.9 It is submitted that an Commonwealth Table Tennis Tournament was organized in Surat wherein more than 30 countries were expected to take part in the said event. However, due to poor air connectivity in Surat many countries pull out from the event which is nothing but a major setback for the tourism and sports culture of the city. Also Surat Municipal Corporation is going to developed Multi Sport Stadium but such facilities is of no use if there is no air connectivity at Surat which enables the foreigners to visit and take part in the sports events organized within the city. Even the tourism sector in the international level has improved, tourists coming from other countries are interested to visit heritage places, take part in sports and cultural events and therefore more air connectivity to Surat from other international airports are very much essential. Also at present there are only two 5 star category hotel, therefore, because of poor air connectivity hotel industries are affected. But, unfortunately, the respondents have failed to take note of Surat Airport, which is now connected with only two metro cities of our country. A copy of the sport event and stadium is annexed hereto and marked as Annexure-H Colly.
4.10 The Petitioner submits that, the travelling by air is more safe than travelling by road as every year people travelling by road face more accidents due to heavy traffic as per the data and also the aviation accident deaths is very less every year and hence, travelling by air is more as there is no air connectivity in surat and therefore, the people from surat travel by road to reach the nearest airport for catching flight and hence they tend to drive very fast due to hurry in catching flight which may tend to occur in road accident. A copy of the data showing road accident and aviation accident is annexed hereto and marked as Annexure-I Colly.
4.11 The Petitioner submits that, the Petitioner has addressed the aforesaid grievance by writing letters to the authorities but till date the respondent authorities did not took any action with regard to the presentation made by the Petitioner. Also the Petitioner has obtained various information under the Right to Information Act wherein it is crystal clear that the Surat city is the highest paying revenue to the state and also the people has potential capacity to travel by air as the economic growth of the city is already developed but due to lack of air connectivity the surat is face tremendous difficulty by every people. A copy of the letter of the Petitioner and the information obtained under the RTI is annexed hereto and marked as Annexure-J Colly.]
4.12 The Petitioner submits that, the airport at surat is having ISO certificate which itself shows that the airport at surat is having highest standard of facilities and infrastructure but till date no air connectivity is provided by the respondent authorities despite so much efforts made by the Petitioner. Also earlier the respondent authorities announced that they shall operate Surat to Dubai flight for the people of surat but however till date after announcement of the said route no such flight ever started till date. Also no more air connectivity was ever increased by the respondent authorities shows that they failed to perform their statutory duties and the people of surat are deprived of their right to fly. A copy of the newspaper report is annexed hereto and marked as Annexure-K Colly.
4.13 The Petitioner submits that, the statistical data obtained by the Petitioner from the website of the Airport Authority of India and from the said data the Petitioner has calculated and tried to show that due to lack of air connectivity the city of surat is facing tremendous problems as mentioned hereinabove. A copy of the data collected by the Petitioner from the Airport Authority of India website is annexed hereto and marked as Annexure-L.
4.14 That the present public interest litigation has been preferred in order to canvass the practical difficulty being faced by the population of Surat city who are mainly desirous to travel by air since there is very few domestic flights connecting only two metro cities i.e. Bombay and Delhi. It is indeed vital to mention that in the present scenario, people of Surat city who are desirous to take air route in order to travel to any other city of India or other country, have to take route connecting through airports of Mumbai, Ahmedabad or Vadodara cities which is 290kms, 273 kms and 150 kms away from Surat airport respectively. Considering the same to be nearest from Surat airport. For instance, if any passenger is desirous to travel to Bangalore, then the he has to take flight connecting through Mumbai, Ahmedabad or Vadodara airport in lieu of the fact that no direct flights are available.
4.15 That in the present scenario the city of Surat (located within the territory of Gujarat, India), is densely populated city consisting of 4.6 million population in accordance to the 2011 consensus, making surat the second largest city in Gujarat after Ahmedabad. As per Study by City mayor’s foundation Surat is the 4th Fastest growing City in the world. 8th most populated city of India, Surat had the fastest GDP in India which is 11.5% during consecutive 7 fiscal years 2001-08. Recently Surat Selected as a future Smart Cities list 4th place among 20 cities, Surat Selected as a Swachh Bharat City with 6th Rank in India. Industries like Reliance, Essar, L&T, KRIBHCO, Shell, Cairn, NTPC, Gail, ONGC, ABG Shipyard etc. are having their large Units at Surat. Surat is selected as the first smart IT city in India which is being constituted by the Microsoft CityNext Initiative tied up with IT services majors Tata Consultancy Services and Wipro. The city has 2.97 million internet users which is about 65% of total population. That by duly taking into consideration economy of the city of Surat, it is widely known for diamond; textiles as well as diamond studded gold jewelry. World 92% Diamond Cutting & Polishing done in Surat. And thereby, the city of Surat is also popularly known as “Diamond City”. Surat is also known as “Silk City” of India because of India’s 40% of total Textile production having in Surat City, as from Surat Nylon and synthetic grey material export to various different cities in India and other Countries. The city of Surat is also flourishing with the advent of time so far as Corporate industries are concerned as well as Information Technology Companies are concerned.
4.16 That it is pertinent to mention that the city of Surat is no more a developing city rather it is a developed city considering the above referred economical statistics. And thereby, there is grave need of increasing number of airlines connecting from Surat city which will mainly curtail traveling time and will add to convenience of people of Surat city.
4.17 It is vital to mention that facility of airlines is not merely limiting to the rich class, even the needy class use this traveling facility for the purpose of medical emergency. It is indeed vital to mention that, this facility is also required by businessmen, professionals, Migrant peoples from different states, entrepreneurs as well as students in order to utilize time fully. And thereby, there is a pertinent need of increase in number of airlines/ frequency from the city of Surat.
4.18 That the humble submission of the Petitioner is that in view of the fact that there is already an airport existing in Surat city and the Respondent authorities are spending crores of rupees in the operation of the same and thereby, it is prudent that more domestic as well as international flights should be made operational from Surat city to various other places so that the facility which is existing is actually used for the purpose for which it exists.
4.19 That along with increasing the air frequency of domestic as well as international flights from the Surat city, airport also needs to improvise in the facilities being provided at the Airport inclusive of infrastructure of the Surat city airport focusing the comfort level of the passengers.
4.20 That in lieu of these circumstances, the Petitioner is filing the present Writ Petition with the humble prayer that keeping in view the fact that there is an Airport existing at Surat city and the Respondents are spending crores of rupees for the operation of the same, it is very prudent that the flights should be made operational to Surat city from various places which falls within the State or outside the State by increasing the number of flights at domestic as well as international destinations, so that the facility which is existing is actually used for the purpose for which the said facility has been created.
5. The need for filing the petition arose because, in view of the above facts and circumstances of the case the matter requires immediate consideration of the respondent authorities and to take immediate decision to design and layout plan to improve the operational facilities at Surat Airport and immediately in the interest of revenue as well as well as in improving public service the respondent authorities should immediately take a decision to have more number of flight operations from Surat to other countries as well as other cities in the country. Hence, on the basis of the information as stated hereinabove which is collected by way of information from various sources and, therefore, for the purpose of protection of public at large and violation of the policy and the rules by the respondent authorities, this petition is filed for the protection of the fundamental rights and for effective implementation for the air connectivity at Surat Airport.
6. It is submitted that before coming to this Hon’ble Court, the present petitioner, through its helpers and other interested people, has made several representations for the purpose of knowing all the things. But, it is a matter of regret that no proper reply is given and therefore, in absence of any reply or action to such representations/letters, the present petitioner has come to this Hon’ble Court seeking appropriate relief. Copies of the representations and letter written by the Petitioner as annexed hereinabove.
7. That to the best of the knowledge and information of the present petitioner, no public interest litigation raising the same issue with regard to improving air connectivity at Surat Airport is filed before this Hon’ble Court or before any other Court.
8. The Present petition has been filed on the following amongst other grounds:-
G R O U N D S
(a)The entire fact and history clearly indicates that all the respondents authorities have neglected their statutory duties and obligations for providing the air connectivity at the Surat Airport and the people of the Surat are deprived of their fundamental rights to access the air connectivity despite they all are the tax payers of the state and great hardship and difficulties are being faced by the people of surat due to lack of air connectivity.
(b)The fundamental rights of the people at large are at stake and without considering the fact that the people of surat city requires immediate air connectivity despite other smaller towns and cities have better air connectivity compare to surat which showcase the discrimination towards the people of surat by the respondent authorities for the reasons best known to them. And the respondent authorities have violated and have not taken any steps for the purpose of having air connectivity at the Surat Airport as mentioned hereinabove.
(c)That the respondent authorities have not followed any norms or have taken any steps for any of the issues raised by the petitioner and till date despite having fully fledged developed infrastructure at the surat airport and also the route of flights operated by the airlines at surat airport is profit making for the airlines then also till date no more connectivity been provided to the surat city and the surat city has been neglected despite having the highest economic growth being the largest in the State of Gujarat generating revenue for the state, the city of surat is totally neglected by the state in providing basic necessity of air connectivity not only in the interest of the people of surat but the same is also beneficial and lucrative for the state in a way the city will generate more revenue for the state.
(d)That by duly considering the fact that Surat city is a developed city there is a pertinent need to increase the number of domestic as well as international flights connecting various other cities.
(e)That due to lack of direct air connectivity of flights from Surat airport, economy of the Surat city is adversely affected.
(f) That due to lack of regularly available flights all the travelers are deprived of using this facility in case of medical emergencies.
(g)That due to lack of regularly available flights especially professionals like doctors, lawyers; businessmen, students are also suffering.
(h) That due to lack of regular flights Migrant Peoples from other states, more than 2 million can’t attend their most emergency incidents at their native places.
(i) That due to lack of regular flights Surat peoples force to catch their flights from Mumbai & Ahmadabad mostly. As per one survey more than 500 no of 7 seat cars running between Surat & Mumbai daily. It’s making Rs.73.29 Crore per year Revenue Income Loss to Gujarat.
(j) Regular / Frequently Air Connectivity will help to decrease pollution due to fuel consumption, because peoples can use Air services instead of Cars & cargo Vehicles from & to Surat.
(k)That due to lack of regularly available flights, tourism which is one of the main source of earning for the Surat city is adversely affected. That mainly due to lack of regularly available flights, there is an extra delay in the courier, e-commerce services. Due to this lacking serve, many classes are affected inclusive of business class, professionals like lawyers etc.
(l) That the Surat city consists majorly of business class and due to these lack of services all the businessmen who have tie up with people of other State or other Countries are facing great hardships since much of their time is wasted in transportation.
(m) That the Surat city is not having any international Air connectivity till the present date. Surat Diamond Industries linked with International Markets, like Bangkok, Entrope, Belgium, Thailand, Canada, USA, UK, Chaina, Korea..etc. And Surat city surrounded city area like Bardoli, Navsari, vyara, Songadh, likely one NRI member is seen in every home, who are suffering difficulties due to lack of International Air Connectivity. It is vital to mention that in accordance to the available reports from the Airport Authority of India, small cities in comparison to Surat city are having direct international connectivity. which is grave injustice to the people of Surat city. And thereby, it is vital to start flight operations connecting Surat city and other destinations outside India.
(n) That the Surat city is not having Proper Domestic Air connectivity till the present date. Surat Diamond Industries linked with other Indian markets, like Mumbai, Kolkata, Bangalore, Bhavnagar, Ahmadabad, Cochin...etc. And Surat Textile Markets linked with other Indian markets like Hyderabad, Chennai, Calcutta, Bangalore, Cochin.. etc It is vital to mention that in accordance to the available reports from the Airport Authority of India , small cities in comparison to Surat city are having direct Domestic connectivity. This is grave injustice to the people of Surat city and thereby, it is vital to start flight operations connecting Surat city and other destinations within India.
(o)National Carrier, AirIndia started Service on 1st Oct-2015 from Delhi- Surat-Delhi evening flight with AirBus 320. And now running with more than 90% passenger load. Currently AirIndia operating daily morning Delhi- Surat-Delhi with CRJ70 (70 seater), daily evening Delhi- Surat-Delhi with AirBus320 (168 seater), 3 days in a week Mumbai-Surat-Mumbai with ATR70. (70 seater).
(p)Surties (people of Surat) always paying high Air fare compare to other city. Surties paying almost double fare to Delhi compare to other city & 30% more to Mumbai compare to other city.
(q)As per the data available at Airport Authority of India’s web site # Trivandrum International Airport situated 260 km from Cochin International Airport. # Kozhikode International Airport situated 152 km from Cochin International Airport. #Coimbatore InternationalAirport situated 363 km from Bangalore International Airport. #Chennai InternationalAirport situated 346 km from Bangalore International Airport.
#TirupatiDomesticAirport situated 251 km from Bangalore International Airport. #AurangabadDomesticAirport situated 333 km from Mumbai International Airport. #Pune Custom Airport situated 148 km from Mumbai International Airport. Then only why injustice to Surat people’s which are located 290 km far from Mumbai International & 260 km far from Ahmadabad International Airport.
Very soon Surat will reach the Next Metro city rank In India. As per 2011 census Population of Surat city 4.6 million and Having total 5 takeoff & landing (T&L) per day at Surat Airport. If compare to other Indian cities Pune having Population of 3.1 million and 108 T&L , Jaipur having 3.0 million population and 28 T&L , Nagpur having 2.4 million population and 35 T&L. etc.. other comparison.
(r) Surat city Paying more Income Tax than Vadodara & Rajkot city. In Year 2014-2015 Surat Paid Rs. 3924.40 Crore and Vadodara, Rajkot Paid Rs.2830.76 Crore, 1239.70 Crore respectively. And In Value Added Tax (VAT) as same above Suratcity Paying VAT than Vadodara & Rajkot city. In Year 2014-2015 Surat city Paid Rs. 4050.49 Crore and Vadodara, Rajkot Paid Rs.2049.53 Crore, 1335.47 Crore respectively. Till today Gujarat Government has not fulfilled yet, their promise to provide 630.49 hector Land for Surat Airport for future development, which are mutually agreed (MOU) with Airport Authority India, January -2009. There after a reminder letter on 26-Jan,2014 send by Airport Authority of India, Surat to The District Collector, Surat for hand over the proposed land to Airport Authority of India. But unfortunately no further action taken for the same by The Government of Gujarat.
(s)The present petitioner had already send letter dtd- 06-02-15, to PMO, related to said letter, reply with Public Grievance No. MOPG/D/2016/0054933 Dated 29/02/2016, “Civil aviation department Govt. of Gujarat has submitted proposal for declaration Surat and Vadodara airport as International Airport and is under review /consideration at MOCA ( Ministry of Civil Aviation) level . No further details /information in this regard available with this office “. And in same way another letter of petitioner to Airport Authority of India, Surat dtd- 08/04/2016, replying said letter:- “ Presently Surat Airport having Cat-4C, likely to be proposed for Cat-4D. Most of criteria at Surat Airport meeting up gradation to Cat-4D except required PCN/Runway strength, side shoulder of Taxiway and Runway length.”
(t) As per the data available on Airport Authority’s Website Bangalore Airport have (Avg) 124 passengers per flight, Hyderabad Airport have 118 pass per flight, And Surat Airport have 108 pass per flight data.
9. That the petitioner are seeking interim relief on the following grounds:-
GROUNDS FOR INTERIM RELIEF
(A)The grounds for interim relief have been narrated in the present petition showing the required urgency.
(B) Petitioner has a prima facie case. Balance of Convenience is in favour of the Petitioner. No irritable damage will cause to the respondent and also it is in the interest of the respondents also if interim relief prayed for is granted.
10. The Petitioner submit that, no other application or petition is filed or pending before any other Tribunal, Court, Authority or Hon’ble High Court or Hon’ble Supreme Court of India in respect to the subject matter of this Petition except this petition before this Hon’ble Court.
11. The Petitioner has no other alternative efficacious remedy but to approach this Hon’ble Court by way of this Petition.
12. That the Petitioner prays that this Hon’ble Court may be pleased to:-
A. Your Lordships may be pleased to issue a Writ of Mandamus and/or any other appropriate Writ, order or direction in the nature of mandamus directing the Respondents authorities herein to take effective steps to ensure regular flights to commence at the earliest from Surat City Airport to various other destinations within State as well as outside the State and outside India;
B. Your Lordships may be pleased to issue a Writ of Mandamus and/or any other appropriate Writ, order or direction in the nature of mandamus directing the Respondents authorities herein to take effective steps in order to improvise the facilities available at the Surat City Airport inclusive of infrastructure of Surat City Airport;
C. Your Lordships may be pleased to direct the Respondent authorities to place entire record of the case till date what steps and measures the respondent authorities have taken for the development and air connectivity for the Surat City Airport;
D. Pending admission, hearing and/or final disposal of this Petition, Your Lordships may be pleased to constitute a Committee comprising of each member from the Respondent authorities including the present Petitioner and also if any experts on the subject as deem fit by this Hon’ble Court to suggest/discuss and to take all steps to make the Airport of Surat operational effectively, the viability of flights and their intent to fly to/from Surat Airport and expeditiously and Your Lordships may be pleased to further direct the said Committee after conducting meeting and inspection to submit the status /compliance report for kind perusal of this Hon’ble Court;
E. Pending admission, hearing and/or final disposal of this Petition, Your Lordships may be pleased to direct the Respondent authorities to immediately make arrangement to start/increase the operational flights at the earliest from Surat City Airport to various other destinations within State as well as outside the State and outside India;
F. Your Lordships may be pleased to grant any other relief or reliefs’ as this Hon’ble Court may deem just, fit and expedient be granted in favour of the Petitioner;
AND FOR THIS ACT OF KINDNESS AND JUSTICE THE PETITIONER SHALL AS IN DUTY BOUND SHALL FOREVER PRAY.
Place:
Date: ____________________
VISHAL J.DAVE
ADVOCATE FOR THE PETITIONER