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Interglobe Aviation Limited v/s Union of India, Thr. Secretary, Ministry of Environment, Forest & Climate Change Secretary & Others

Company & Directors' Information:- INTERGLOBE AVIATION LIMITED [Active] CIN = L62100DL2004PLC129768

Company & Directors' Information:- INTERGLOBE AVIATION PRIVATE LIMITED [Strike Off] CIN = U62100UP2004PTC028212

Company & Directors' Information:- A K AVIATION PRIVATE LIMITED [Strike Off] CIN = U62200MH2007PTC176382

Company & Directors' Information:- S V V AVIATION PRIVATE LIMITED [Strike Off] CIN = U62200KA2008PTC046264

Company & Directors' Information:- S R C AVIATION PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071383

Company & Directors' Information:- M AND C AVIATION INDIA PRIVATE LIMITED [Active] CIN = U63013KA2006PTC039002

Company & Directors' Information:- S. A. AVIATION PRIVATE LIMITED [Active] CIN = U63040DL2012PTC234038

Company & Directors' Information:- AVIATION INDIA PRIVATE LIMITED [Strike Off] CIN = U63033DL1996PTC077267

Company & Directors' Information:- S K AVIATION PRIVATE LIMITED [Strike Off] CIN = U63090WB1999PTC089940

Company & Directors' Information:- K & K INTERGLOBE PRIVATE LIMITED [Strike Off] CIN = U52300UR2012PTC000215

Company & Directors' Information:- P AND M AVIATION PRIVATE LIMITED [Active] CIN = U35999KA2021PTC143523

Company & Directors' Information:- S. S. AVIATION PRIVATE LIMITED [Active] CIN = U35300KA2007PTC043583

Company & Directors' Information:- R. S. INDIA AVIATION PRIVATE LIMITED [Active] CIN = U62100DL2006PTC153980

Company & Directors' Information:- J D M AVIATION INDIA PRIVATE LIMITED [Active] CIN = U63040PB2013PTC038242

Company & Directors' Information:- J T AVIATION PRIVATE LIMITED [Strike Off] CIN = U62200DL2011PTC216080

    Civil Appeal Nos. 79-81 of 2019

    Decided On, 02 July 2019

    At, Supreme Court of India


    For the Appellant: Meenakshi Arora, Sr. Advocate, Saurabh Kirpal, Jasmeet Singh, AOR, Mrinal Ojha, Ishaan Chhaya, Rashi Goswami, Rusheet Saluja, Saif Ali, Advocates. For the Respondents: ANS Nadkarni, ASG, Chinmayee, Salvador Santosh Rebello, Swati Ghildiyal, B.V. Balaram Das, AOR, Gurmeet Singh Makker, AOR, Kiran Kumar Patra, AOR, U.A. Rana, M/s. Gagrat & Co, AOR, Sanjay Pal, Amrendra Kumar Mehta, AOR, Sanjay Kumar Dubey, AOR, Shuchi Singh, Krishna Kant Dubey, Advocates.

Judgment Text

1. During the course of the hearing, a counter affidavit has been filed on behalf of the Union of India in the Ministry of Health and Family Welfare dealing with the issue as to whether disinfection of aircraft through the process of fumigation should be permitted. That is the main issue which has been raised in the civil appeals.

2. The affidavit makes a reference to the guidelines of the World Health Organisation ("WHO") as well as to the provisions contained in the Aircraft (Public Health) Rules 1954.

3. Having regard to the nature of the issues raised, particularly in the context of public health, it would be appropriate if the Union government considers the feasibility of setting up a high powered Committee consisting of experts in the field. The Committee will, upon due assessment of the benefits and hazards involved, take a considered decision. Since the matter essentially pertains to an issue of policy, we are of the view that such an exercise should be carried out by the Union government in the first instance. This would also apprise the court of the position of the Union government.

4. Mr. ANS Nadkarni, learned Additional Solicitor General has informed the Court that the Union government is not averse to following this course of action so that a policy decision can be arrived at.

5. Ms. Meenakshi Arora, learned Senior Counsel and Mr. Saurabh Kirpal, learned counsel representing the appellants have accepted this action, as appropriate.

6. We, accordingly, adjourn t

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he hearing of the civil appeals till 16 July 2019, when the Court will be apprised of the decision of the Union government in this regard. List on 16 July 2019.