Bengaluru: The Karnataka High Court on Wednesday December 16 stated that there will be no interference in the decision of the Union government on the closure of HAL airport.
A Division Bench comprising acting Chief Justice Subhro Kamal Mukherjee and Justice B.V. Nagarathna said, “The court cannot strike down a policy decision taken consciously by the government merely because it is submitted that a more fair or wise policy could have been adopted.”
“Generally speaking, the courts do not, in exercise of their power of judicial review interfere in the policy matters of the State, unless the policy so formulated either violates the mandate of the Constitution or any statutory provisions or otherwise actuated by mala fide. No such infirmities are present in this case. In certain matters, there can be varied opinions as to the wisdom of the policy, but the court is not expected to sit as an appellate authority thereon,” the Bench observed.
Stakeholders Kempegowda International Airport are in for some relief as the HC has declined to interfere in central government’s decision to close down HAL airport for commercial and civil aviation operations in May 2008.
Dismissing PIL petitions filed in 2008 by the Airport Authority Employees’ Union and the Association of Outsourcing Professionals, the Bench passed the order.
The PILs questioned the May 16 notification issued by the Ministry of Civil Aviation for closure of the HAL airport with effect from midnight of May 23, 2008, when the new airport at Devanahalli commenced commercial operations. The notification was issued under Clause 5.5 of the agreement signed between the Union government and the Bengaluru International Airport Limited (BIAL).
The Bench also found that the then chairman of HAL had in 1990 written to the Union government to find an alternative place for civil aviation while expressing concern over safety of operating test flights and other defence related operations from HAL airport due to the increase in civil aviation operations.
The airport at Devanahalli was set up under Greenfield Airport Policy in public private partnership (PPP) model with private promoters owning 74 per cent, and rest being shared by the Union and the Karnataka governments.
