Delhi International Airport Limited (DIAL), which operates the Delhi airport, had lost the bid to develop the Jewar airport in Noida and hence had no right to object to a third airport within a radius of 150km, the Centre has said in an affidavit in Delhi High Court, paving the way for the commencement of commercial operations from Hindon airport.

This has led to a scenario where the Delhi airport, the Noida airport (Jewar), and the Hindon airport (Ghaziabad) will all be located within a 150km radius against a policy rule.

DIAL had challenged the Centre’s decision to allow commercial operations from the Hindon airbase in the high court in January last year.

DIAL had said that the decision was contrary to the Policy on Airport Infrastructure, 1997, Greenfield Airport Policy, 2008, and the National Civil Aviation Policy, 2016.

The Policy on Airport Infrastructure, 1997, mandates that “no greenfield airport will normally be allowed within an aerial distance of 150 kilometres of an existing airport”. If allowed, then parameters for the distribution of traffic between the two airports will have to be clearly spelt out.

On April 4, 2006, the operation, management and development agreement was executed between DIAL and the Airports Authority of India (AAI).

The state support agreement (SSA) was signed between the civil aviation ministry and DIAL on April 26, 2006.

Clause 3.4 of the SSA provides for the right of first refusal (RoFR) to DIAL with regard to a “second airport” that may be planned within a 150km radius of the Delhi airport in a competitive bidding process.

The AAI had claimed in the court that the RoFR was exhausted during DIAL’s unsuccessful attempt to bid for the second airport at Jewar, Noida, as it lost to a Swiss firm Zurich AG.

“In view of the fact, Respondent No 2 (AAI) stated that it had no obligation towards the Petitioner to halt the commencement of commercial operations from the Hindon Airport,” the Centre’s affidavit said.

The AAI also said that “DIAL’s submission that Hindon Airport cannot now be used for full commercial operations since it is a greenfield airport ignores the factual position that Hindon Airport has been functioning as a civil enclave since 2017”.

DIAL countered the AAI by saying that Hindon airbase could not be termed a “brownfield airport” and it was a “defence aerodrome”. However, the case was disposed of before a final decision could be reached after DIAL withdrew its petition on January 7, with the liberty to make an appropriate representation to the civil aviation ministry or the AAI.

The reason behind the withdrawal is not known.