Mr. Harendra S/O. Hansraj Ved v. The Union Of India, Through The Ministry Of Civil Aviation, New Delhi And Others

25.9PIL.87.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR PUBLIC INTEREST LITIGATION NO. 87 OF 2015 Mr. Harendra s/o Hansraj Ved .vs. The Union of India & others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. P.V. Kulkarni with Mr. S.K. Sable, Advocates for petitioner, Mr. Rohit Deo, Assistant Solicitor General of India with Mrs. Mugdha Chandurkar, Advocate for respondent nos. 1 to 4. Mr. S.M. Ukey, Additional Government Pleader for respondent nos. 5 to 7.

CORAM : B.R. GAVAI & Z.A. HAQ, JJ.

DATED : SEPTEMBER 25, 2015.

The petition has been filed by the present petitioner claiming to be a diligent citizen, in the larger public interest, thereby praying for a direction to the respondents to shift the AIR FEST-2015 proposed to be held by the respondents to the suitable legal area of Nagpur Airport, i.e. Dr. Babasaheb Ambedkar International Airport, Nagpur.

It is the contention of the petitioner that if the said AIR FEST which involves various aerobatic activities of the helicopters and also other aircrafts is permitted to be held in the vicinity of the city, there is likelihood of an accident occurring, thereby resulting into unforeseen casualties. The respondent nos. 2 & 3 are the senior responsible officers of the Airforce, which is one of the three organs devoted for the security of the nation. The respondents while choosing the space for using the expertise, must have looked into all the necessary aspects regarding the security of the

25.9PIL.87.15 residents in the adjoining nearby areas.

Even if the contention of the petitioner that the place should be shifted to Airport is to be accepted, again now the Airport of Nagpur has come in the midst of city and is surrounded by residential areas on all the sides. Apart from that Mr. Rohit Deo, learned Assistant Solicitor General of India appearing for respondent nos. 1 to 4, on instructions from Air Vice-Marshal Shri Praveen Bhatt, VSM states that all such activities are also conducted on Republic Day every year which is celebrated on 26th of January and which is witnessed by various dignitaries, including Hon'ble President of India, Hon'ble Prime Minister of India, Hon'ble Chief Justice of India, Hon'ble Ministers of Union Cabinet, Hon'ble Judges of the Supreme Court and even the Heads of the Foreign Nations.

We find that the petitioner who does not possess any expertise in the matter has expressed the apprehension, which is ill-founded.

Any interference at this stage would result in losing the city Air-show, for which the officers of the Air-Force must have worked for months together. We do not find any public interest involved in the petition.

The petition is, therefore, rejected.

Judge Judge J.