2014 (12) TMI 986 - HC - Customs

Application to have an Appraisal Counter for evaluation of declared items of the passengers at the IGI Airport, New Delhi - Non availability of an Appraisal Counter for issuance of Export Certificate at the Indira Gandhi International (IGI) Airport, New Delhi forced passengers to travelled to the Custom House, Jhandewalan which is about 30 kms. away from the airport and thereby causing undue hardship to the commuters - Held that - Judicial powers do not extend to giving a direction as is sought, the same being largely an administrative / policy decision but at the same time, we cannot help but observe that the respondents do not appear to have approached the issue in the correct perspective. The counter affidavit is full of legalese, rather than addressing the important issue of public interest raised in the petition. The reason given, of paucity of space and infrastructure at the airport also does not inspire confidence. IGI Airport has recently undergone re-development by acquisition of land, displacing a large number of villagers. To our knowledge, large portions of such acquired lands have been used for building hotels and which are often found to be serving the need, instead of users of the airports / travelers, of the city residents. We wonder as to why the respondents, at the time when the re-development of the airport was being planned, if facing any paucity of space / infrastructure, could not have demanded additional space. Similarly, the argument given of having an Appraisal Counter at the airport / close to the airport posing a security hazard to the airport, cannot be accepted. Having used the said airport, it is to our knowledge that large portions of the re-developed airport are outside the secured arena. It is thus possible to have the said counter, in close vicinity of the airport and without posing any security hazard. - The respondents, in the counter affidavit though have said that no airport in the country has such an appraisal facility at the airport itself but the same in our opinion is again no reason. What the respondents have failed to address is the specific plea of the petitioner, of the other developed countries having Appraisal Counters at the airport only. Airports in all countries are situated generally far from the city and if such countries have felt the need for the Appraisal Counter at the airport, we can be reasonably sure that the same must have been done for the convenience of the passengers. Internationalization of the airports in the country has to be not only for looks but also in terms of convenience and amenities, facilities and following the practices in vogue at the airports of other countries. Respondents directed to within six months herefrom take a reasoned decision on shifting the existing Appraisal Counter to the airport / in the close vicinity of the airport, or having an additional counter at the airport/in the close vicinity of the airport, taking into consideration all possible aspects and may be even after holding surveys and including what we have observed - Decided in favour of appellant.

Summary

Issues:
1. Non-availability of an "Appraisal Counter for issuance of Export Certificate" at the Indira Gandhi International (IGI) Airport, New Delhi causing inconvenience to passengers.

Analysis:
The petition raised the issue of the absence of an Appraisal Counter at the IGI Airport, forcing passengers to travel to the Custom House at Jhandewalan, 30 kms away, for assessment. The petitioner highlighted the Baggage Rules allowing duty-free jewellery for Indian residents returning from abroad and the necessity of an Export Certificate for carrying expensive items without duty. The petition argued that the lack of an Appraisal Counter at the airport inconvenienced passengers, contrasting with other countries like the United States and the United Kingdom where such facilities are available.

The counter affidavit filed by the Additional Commissioner of Customs at IGI Airport explained the time-consuming process of issuing Export Certificates for gold jewellery, citing the need for advance application due to testing, photography, and sealing of jewellery. The affidavit mentioned logistical challenges, including space constraints, lack of infrastructure, and trained appraisers at the airport. It also raised security concerns and the impracticality of on-the-spot appraisals due to passenger volume.

The court criticized the respondents' approach, noting the lack of consideration for public interest and the inadequacy of reasons provided in the counter affidavit. The judgment highlighted the recent redevelopment of the airport, questioning the allocation of space for commercial purposes over passenger services. The court rejected security concerns, suggesting the possibility of locating the Appraisal Counter near the airport without compromising safety.

The judgment emphasized the importance of convenience for passengers from neighboring states and the need for 24x7 appraisal services to align with international flight schedules. It disputed the claim of Jhandewalan being the city center and proposed having multiple Appraisal Counters to streamline the process. The court criticized the outdated appraisal procedures, advocating for modernization to meet present-day needs and increase in international travel.

In the final decision, the court directed the respondents to make a reasoned decision within six months on relocating the existing Appraisal Counter to the airport or establishing an additional counter nearby. The judgment emphasized the importance of passenger convenience, aligning with global airport practices, and improving facilities to provide a world-class experience for travelers.