2021 (3) TMI 129 - HC - Customs

Maintainability of petition - seeking certain clarifications on whether the drones in question would require clearance - HELD THAT - The Director General of Civil Aviation has by order dated 21.01.2021 rejected the request of the petitioner. With the passing of this order the mandamus sought for by the petitioner is not liable to be granted and this writ petition is thus dismissed as infructuous. Liberty is however available with the petitioner to challenge order dated 21.01.2021 in accordance with law.

Summary

Issues:
1. Interpretation of Civil Aviation Requirements for drone import.
2. Request for exemption from DGCA permission for drone import.
3. Rejection of petitioner's request by DGCA.

Analysis:
1. The case involved a dispute regarding the interpretation of Civil Aviation Requirements for drone import. The petitioner sought clarification from the DGCA regarding the necessity of clearance for drones weighing 250 gms and above. The DGCA responded that drones above 250 gms, including the battery, require DGCA permission for import. The petitioner requested exemption based on the intended use by the Commissioner of Police to support efforts in controlling the spread of Covid-19. The court directed the DGCA to consider the request and scheduled a hearing for further deliberation.

2. Subsequently, the Director General of Civil Aviation rejected the petitioner's request through an order dated 21.01.2021. As a result, the court found that the mandamus sought by the petitioner was no longer applicable and dismissed the writ petition as infructuous. The petitioner was granted liberty to challenge the order dated 21.01.2021 through appropriate legal channels. No costs were awarded in the judgment.

3. The judgment highlights the importance of compliance with Civil Aviation Requirements for drone import and the authority of the DGCA in granting permissions. It also underscores the role of the court in adjudicating disputes related to regulatory approvals and the subsequent legal remedies available to the parties involved. The dismissal of the writ petition signifies the finality of the DGCA's decision in this particular case, subject to any further legal challenges initiated by the petitioner.