DGCA fuel directions quashed, renewal relief set aside

The Karnataka High Court, in a Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha, decided a set of writ appeals arising from DGCA communications concerning the use of Indian MoGas and related fuel specifications for aircraft operations at Jakkur, Bengaluru.

The private respondents had challenged the DGCA’s communications dated 14.02.2024 and 22.02.2024. The learned Single Judge had allowed the writ petitions, quashed those communications, and also granted relief in relation to shortfalls and renewal of the certificate of airworthiness.

In appeal, the Division Bench affirmed the quashing of the impugned communications dated 14.02.2024 and 22.02.2024. It also affirmed the quashing of the shortfalls. The Court accepted that the procedure required under Rule 133A had not been followed.

At the same time, the Bench set aside the direction issued by the Single Judge to renew the certificate of airworthiness in respect of the aircraft involved in W.P. No. 14244/2024. The Court held that the relief relating to use of aircraft should not be granted until the concerned statutory authorities consider the grievance regarding use of MoGas in the aircraft.

The Court then fashioned a limited remand. The writ petitioners were permitted to place their objections to the fuel specifications mentioned in the impugned communications within two weeks from receipt of the order. The concerned authorities were directed to pass appropriate orders, to be construed as CARs under Rule 133A of the Rules, within two weeks from receipt of those objections.

The writ appeals were disposed of by modifying the Single Judge’s order to that extent, and the contempt petition was closed.

Practical takeaway: where DGCA action affects aircraft operations, the Court will insist on compliance with Rule 133A and a fresh decision on objections, but may stop short of granting operational relief before that process is completed.