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INDIAN COMMERCIAL PILOTS ASSOCIATION vs UOI AND ORS

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$~4 to 6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 07.04.2025
+ W.P.(C) 6632/2012 & CM APPL. 17494/2012
INDIAN COMMERCIAL PILOTS ASSOCIATION …..Petitioner
Through: Mr. Sanjay Ghose, Sr. Adv. with Mr. Bharat Gupta, Mr. Rohan Mandal, Ms. Swapnil Shukla, Advocates.
versus

UOI AND ORS …..Respondents
Through: Ms. Aishwarya Bhatti, ASG with Ms. Anjana Gosain, Ms. Poornima Singh and Mr. Anuj Kumar, Advocates.
Mr. Pavan Malviya, DD (Legal) DRI and Mr. Nand Kishore Pandey, Consultant (Admin).

+ W.P.(C) 9721/2019, CM APPL. 40106/2019, 64973/2023, 27136/2024 & 73851/2024

INDIAN PILOTS GUILD …..Petitioner
Through: Mr. Vivek Kohli, Sr. Adv. with Ms. Neetika Bajaj, Mr. Siddhant Puri, Ms. Vasudha Chadha, Advs.
versus

DIRECTOR GENERAL OF CIVIL AVIATION AND ANR.
…..Respondents
Through: Ms. Aishwarya Bhatti, ASG with Ms. Anjana Gosain, Ms. Poornima Singh and Mr. Anuj Kumar, Advocates.
Mr. Pavan Malviya, DD (Legal) DRI and Mr. Nand Kishore Pandey, Consultant (Admin).
Mr. Sanjay Ghose, Sr. Adv. with Mr. Bharat Gupta, Mr. Rohan Mandal, Ms. Swapnil Shukla, Advs. for Intervenor.

+ W.P.(C) 616/2023, CM APPL. 2431/2023, 61158/2023, 64976/2023
FEDERATION OF INDIAN PILOTS …..Petitioner
Through: Mr. Joseph Pookkatt, Mr. Nilesh Sharma and Mr. Dhawesh Pahuja, Advocates.
versus

DIRECTOR GENERAL OF CIVIL AVIATION …..Respondent
Through: Ms. Aishwarya Bhatti, ASG with Ms. Anjana Gosain, Ms. Poornima Singh and Mr. Anuj Kumar, Advocates.
Mr. Pavan Malviya, DD (Legal) DRI and Mr. Nand Kishore Pandey, Consultant (Admin).
Mr. Sanjay Ghose, Sr. Adv. with Mr. Bharat Gupta, Mr. Rohan Mandal, Ms. Swapnil Shukla, Advs. for Intervenor.

CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
TARA VITASTA GANJU, J.: (Oral)
1. By its order dated 24.02.2025, this Court had passed the following directions:
“4. Learned ASG appearing for the Respondents submits that the Affidavit as was directed by the Court on 23.01.2025 has since been filed on 19.02.2025. The Affidavit states that so far as concerns the rolling out of the Civil Aviation Requirements Section 7 Part III [CAR 2024], 15 Clauses, as set out in paragraph 5 of the Affidavit, shall be implemented by 01.07.2025 while the remaining 7 Clauses, as set out in Annexure R-1 to the Affidavit, will be rolled out/implemented on or before 01.11.2025.
5. Learned Counsel for the Respondents, on instructions, further submit that the implementation of CAR 2024 will commence from 01.07.2025.
6. The Respondents are bound down to the timelines as set out in their Affidavit dated 19.02.2025.
7. Learned Counsel for the Respondents submit that in view of the Affidavit, nothing further survives in the present Petitions.
8. Learned Senior Counsel for the Petitioners request for some time to take instructions.”
2. Learned Senior Counsel for the Petitioners submit that an Affidavit dated 31.03.2025 has been placed on record on behalf of Respondent/Air India, wherein it is stated that the Respondent/Air India shall submit the Flight Duty Time Limitation Scheme [hereinafter referred to as “FDTL Scheme”] to the Director General of Civil Aviation [hereinafter referred to as “DGCA”] within 15 days of the passing of the final order.
3. Learned Counsel for the DGCA, on instructions, submits that no FDTL Scheme has been received as yet from the Respondent/Air India. Learned ASG as well as the learned Counsel for DGCA submits that the requisite directions necessary in the present Petition have already been passed by the Court on 24.02.2025 and that the Petitioners had sought time to take instructions.
4. In view of the fact that the process of notifying the Civil Aviation Requirement (CAR) 2024 has already been set into motion, this Court deems it apposite to direct that the Respondent/Air India and any other concerned parties/airlines shall file their respective FDTL Scheme, if any, with DGCA expeditiously and not later than three (3) weeks from today.
5. Learned Senior Counsel for the Petitioners submit that given the directions passed by this Court on 24.02.2025 and today, nothing further survives in the present Petitions and that the Petitions can be disposed of.
6. The Petitions are accordingly disposed of. All pending Application(s) shall stand closed.
7. Needless to add that in the event of any non-compliance, the Petitioners shall be at liberty to approach the appropriate forum albeit in accordance with law.
8. The parties shall act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
APRIL 7, 2025/pa/jn
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W.P.(C) 6632/2012 and connected matters Page 1 of 4