25 Jan 2024
Trilegal represented Delhi International Airport Limited (‘DIAL’), the airport developer and operator of Indira Gandhi International Airport, New Delhi, (‘IGIA’) before the Delhi High Court in its challenge to the Ministry of Civil Aviation’s (‘MoCA’) decision to commence regular commercial flights from Hindon Airforce Station. The High Court has directed the MoCA and the Airports Authority of India (‘AAI’) to file their responses and posted the matter for final hearing.
Under a Memorandum of Understanding signed between DIAL, MoCA and AAI, DIAL had consented to the use of Hindon Airforce Station for operation of flights under the Government of India’s Regional Connectivity Scheme (‘RCS’) due to shortage of slots for such flights, only as an interim and stopgap arrangement till the ongoing upgradation and expansion works at IGIA are completed. Post the completion of these works, these RCS flights were to revert to IGIA. As per MoCA’s extant policies, no greenfield airport is permitted to be set up within 150 kms of an existing airport unless such existing airport reaches its saturation capacity or a new focal point of traffic emerges with sufficient viability. It is DIAL’s stand that as Hindon Airforce Station falls within 150 kms of IGIA, which is far from reaching its saturation capacity and is already serving the catchment area of Hindon, MoCA’s decision to unilaterally cancel the MoU and permit AAI to commence regular commercial operations at Hindon Airforce Station is contrary to the assurances made by it under its policies based on which the GMR led consortium bid for IGIA. Setting up a competing airport at Hindon Airforce Station and the diversion of traffic for the same catchment area will impact the viability of IGIA.
The Trilegal team was led by our Disputes Partner Milanka Chaudhury, and comprised attorneys Naina Pankaj Dubey, Counsel and Ravneet Singh, Associate.
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Trilegal is one of India’s leading law firms, with expertise across the full spectrum of corporate legal services. Trilegal has offices in four key cities of India.
Trilegal has been recognised as the India Deal Firm of the Year by Asian Legal Business (ALB) India Law Awards 2023; one of the ‘Best Overall Law Firms’ at the India Business Law Journal Indian Law Firm Awards 2022; ‘Firm of the year’ for Client Service Excellence by Asia Law Awards 2021; “M&A Law firm of the Year” by VCCircle Awards 2020 one of the most innovative law firms in Asia in the inaugural edition of ALB Trailblazers 2020; and ‘highly commended’ in the FT RSG Innovative Lawyers Awards 2020.
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