IN THE HIGH COURT OF MADHYA PRADESH, PRINCIPAL

SEAT AT JABALPUR

WRIT PETITION NO. _________ OF 2023

IN THE MATTER OF:

FALCON AVIATION ACADEMY …Petitioner

Versus

STATE OF MADHYA PRADESH & ORS. …Respondents

INDEX

S. No. Particulars Courts Pages

Fees
(Rs.)

1. Consolidated Court Fees

2. Notice of Motion

3. Urgent Application

4. Memo of Parties

5. List of Dates & Events

6. Writ Petition under Article 226 & 227 of Constitution

of India along with affidavit

7. Copy of Certificate dated 18.11. 2022 P/1

8. Copy of the lease and development agreement P/2

dated 25.05.2019
 9. Copy of E-mail Dated 12.02.2023 P/3

10. Copy of Relevant Photographs P/4

11. Vakalatnama with Board Resolution

PLACE: JABALPUR
DATED: 20.02.2023 ANVESH SHRIVASTAVA
COUNSEL FOR THE PETITIONER
 IN THE HIGH COURT OF MADHYA PRADESH, PRINCIPAL
SEAT AT JABALPUR

WRIT PETITION NO. _________ OF 2023

Petitioner : FALCON AVIATION ACADEMY

Versus

Respondents : STATE OF MADHYA PRADESH &

ORS.

List of Dates & Events

Date Event
2013 Falcon Aviation academy opened and offered courses
in Commercial Pilot Licence (CPL) duly approved by
DGCA.
25.05.2019 The Petitioner entered into a Lease and Development
Agreement with the Department of Aviation,
Government of Madhya Pradesh.
DGCA approved flying to start from Rewa, Madhya
Pradesh on 25.11.2019
2019-2023 The Petitioner has over time developed the most
economical training academy of the country wherein as
of today 69 students are enrolled who aspire to be
 commercial pilots and are undergoing training.
12.02.2023 The Petitioner received an intimation that as per the
directions of Collector, Rewa the excavation work on
both sides of the runway is going to start from
13.02.2023. It is pertinent to mention that no official
order was ever received by the petitioner from any of
the respondents.
12.02.2023 The Petitioner replied to the email of the Respondent
requesting to honour the agreement and not to indulge
in unlawful activities which are contrary to the law.
12.02.2023 The Petitioner sent a letter to the Principal Secretary
Civil Aviation Department, Govt. of Madhya Pradesh
(Respondent No. 2) requesting that no sudden activity
is undertaken by the Airport Authority on India
(Respondent No. 3) which compromises the safety or
jeopardizes the flying training of the already enrolled
cadets/students of the academy.
13.02.2023 The Respondents have started exaction work near the
runway jeopardizing the career of 69 students who are
enrolled in the Petitioner academy.
20.02.2023 Hence the present Writ Petition

PLACE: JABALPUR
DATED: 20.02.2023 ANVESH SHRIVASTAVA
COUNSEL FOR THE PETITIONE
 (AMENDED PETITION)
IN THE HIGH COURT OF MADHYA PRADESH, PRINCIPAL
SEAT AT JABALPUR
WRIT PETITION NO. _________ OF 2023

PETITIONER FALCON AVIATION ACADMEY THROUGH

ITS AUTHORISED REPRESENTATIVE SHRI
HARSH VARDHAN PRATAP SINGH B-4/172,
SAFDARJUNG ENCLAVE, NEW DELHI –
110029.

VERSUS
RESPONDENTS
1. STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY.
DEPARTMENT OF CIVIL AVIATION,
STATE HANGAR, AIRPORT ROAD,
BHOPAL (M.P.)
2. COLLECTOR, DISTRICT REWA,
COLLECTORATE, REWA, 486001.
3. AIRPORT AUTHORITY OF INDIA
THROUGH ITS CHAIRMAN RAJEEV
GANDHI BHAWAN SAFDARJANG
AIRPORT, NEW DELHI
4. NAVNEET CHAWDHARI, S/o – NOT
KNOWN, WORKING AS SENIOR
MANAGER, AIRPORT AUTHORITY OF
INDIA, REWA, REWA AIRPORT
CHORHATA, REWA, M.P. (Deleted)
 WRIT PETITION UNDER ARTICLES 226 OF THE
CONSTITUTION OF INDIA

1. PARTICULARS OF THE CAUSE/ORDER AGAINST WHICH

THE PETITION IS MADE:-

(1) Date of Order : 12.02.2023

(2) Passed in : Email from Respondent No. 4
(3) Passed/Issued by : Respondent No. 4
Subject matter in brief :-
That the petitioner above named most respectfully submits this petition
seeking writ of mandamus or any other appropriate writ, order or direction
to the Respondents to permit the Petitioner to use the Rewa airport runway
for the purpose of flight training of the 69 enrolled students who are
pursuing the course of commercial pilot training approved by the DGCA.
The sudden direction through an email dated 12.02.2023 issued to the
Petitioner to stop the educational academy is in direct violation to the
fundamental rights of students enrolled in the institute as well as that of the
institution itself under Art. 19(1)(g).

The Petitioner is hereby seeking to evoke the Writ jurisdiction of this

Hon’ble Court for enforcement of fundamental right and redress their
breach enshrined in the Constitution of India. The Petitioner vide an email
dated 12.02.2023 from Respondent No 3, has been directed to
accommodate the works being carried out by Respondent No 3 which has
resulted in a situation wherein the flying academy has been forced to
suspend operations particularly on account of the Runway being made
unsafe.
The Petitioner through this Writ Petition is seeking to enforce its rights
under agreement dated 25.05.2019 as well as the fundamental rights of the
students currently enrolled in the academy. The Petitioner hereby is seeking
quashing of the direction issued through email dated 12.02.2023 and
further permitting the petitioners to operate the flying educational training
academy from Rewa airport till alternate mechanism acceptable to both
sides are made.

2. A DECLARATION THAT NO PROCEEDING ON THE SAME

SUBJECT MATTER HAS BEEN PREVIOUSLY INSTITUTED IN
ANY COURT / TRIBUNAL. IF INSTITUTED, THE STATUS OR
RESULT THEREOF, ALONG WITH COPY OF THE ORDER :-
The petitioner declares that there is no other petitioner filed or
pending in relation to the subject matter herein on behalf of the petitioner
before this Hon’ble Court.

3. DETAILS OF REMEDIES EXHAUSTED :-

The petitioner declares that he has no other alternative efficacious
remedy except to approach this Hon’ble Court. Even though the Lease and
Development Agreement dated 25.05.2019 provides for an arbitration
clause, however it is settled that Writ Jurisdiction can be invoked in
agreements when the State’s decision is in violation to the fundamental
rights. In the instant petition, the petitioner has been directed to stop an
education academy by the State by an email dated 12.02.2023 which is in
violation to the fundamental rights enshrined in Part III of the Constitution
of India.
The Petitioners have been constrained to approach this Hon’ble Court on
account of and on behalf of the students currently pursuing the DGCA
approved course in CPL.

4. DELAY, IF ANY, IN FILING THE PETITION AND

EXPLANATION THEREFOR :-
There is no delay in filing the present petition.

5. FACTS OF THE CASE :-

5.1. That the petitioner above named most respectfully

submits this petition seeking writ of mandamus or any other
appropriate writ, order or direction to the Respondents to
permit the Petitioner to use the Rewa airport runway for the
purpose of flight training of the 69 enrolled students who are
pursuing the course of commercial pilot training approved by
the DGCA. The sudden direction through an email dated
12.02.2023 issued to the Petitioner to stop the educational
academy is in direct violation to the fundamental rights of
students enrolled in the institute. It is pertinent to mention that
no official order has ever been issued to the petitioner by any
of the official Respondents till the filing of the present
petition.
5.2. The Petitioner Falcon Aviation Academy is a unit of
Pratap Charitable Trust having its registered office at B-4/172,
Safdarjung Enclave, New Delhi -110029. The petitioner has
received the certificate of approval dated 18.11.2022 by the
 DGCA for operating its base. It is pertinent to mention that the
certificate is valid till 2027.
The copy of the certificate dated 18.11. 2022 is annexed
herewith and marked as ANNEXURE P-1.
5.3. In 2013, the Petitioner commenced pilot training
operations from Ayodhya when the Faizabad airfield was an
almost abandoned aerodrome since 1989 and did not even
have a boundary wall then. Falcon started operations with 10
single-engine aircraft, 2 multi-engine aircraft, aircraft hangar,
briefing rooms, one aircraft simulator and a hostel facility
capable of accommodating 50 trainees with a view to provide
quality training at most affordable cost.

5.4. In 2019, following the growth in the scale of the

training operations, need was felt for a second base. The
Petitioner applied for and received DGCA’s approval to
operate from both Datana airfield (Ujjain) and Rewa airfield in
Madhya Pradesh. However, owing to Rewa’s proximity to
Ayodhya, Rewa was chosen as the site for Falcon’s second
base.

5.5. The Petitioner entered into a lease and development

agreement dated 25.05.2019 for Aero-sports facility/Aviation
Academy. The academy has operated at Rewa from 2019 and
has even constructed two hangars and a licensed fuel storage
of 48,000 litres capacity to ensure continuous flying for its
trainees. The copy of the lease and development agreement
 dated 25.05.2019 is annexed herewith and marked as
ANNEXURE P-2.

5.6. The Petitioner has trained at least 70 commercial pilots

at possibly the most economical prices offered by a private
FTO in India. Also, Falcon Aviation Academy has assisted
more than 100 pilots in the conversion of their foreign pilot
licenses.

5.7. At present more than 69 trainees have demonstrated

their faith in the quality of training at the Petitioner academy
by enrolling. This size of the trainee cohort easily places
Falcon in the top 5 FTOs of the country in terms of student
capacity.
The following are the details of the students who are enrolled
with the Petitioner academy
Trainee Details
Hrs. left Estimate
S Hrs. left Total hrs
Trainee Name Domicile Age on PA- time of
No on C-152 left
34 Completion

1007:5
7611:15 8619:05
0
1 Aadhya Raj Singh Uttarakhand 20 89:05:00 15:00 104:05:00 06 months
2 Aayush Singh Madhya Pradesh 22 134:50:00 15:00 149:50:00 08 months
3 Ajay Dahiya New Delhi 28 158:20:00 15:00 173:20:00 09 months
4 Akash Kumar Bihar 20 154:50:00 15:00 169:50:00 09 months
5 Alam Pasha Maharashtra 23 90:00:00 15:00 105:00:00 06 months
6 Amandeep Kasnia Haryana 30 16:25 15:00 31:25:00 02 month
7 Amrita Kushari West Bengal 26 89:40:00 15:00 104:40:00 05 months
8 Amritanshu Jain Uttar Pradesh 23 28:35:00 15:00 43:35:00 02 month
9 Ananya Melkote Karnataka 20 34:40:00 15:00 49:40:00 03 months
10 Angad Dhanjal New Delhi 22 00:00 06:35 06:35 15 days
11 Ankit Kumar New Delhi 20 50:25:00 15:00 65:25:00 04 months
12 Ankur Nagar Haryana 25 15:10 15:00 30:10:00 02 month
13 Arinjay Jain Uttar Pradesh 24 179:10:00 15:00 194:10:00 10 months
14 Ashutosh Gautam Uttar Pradesh 21 105:20:00 15:00 120:20:00 06 months
15 Bharat Mittal New Delhi 32 90:40:00 15:00 105:40:00 06 months
16 Bhumika Anand Haryana 19 163:40:00 15:00 178:40:00 09 months
17 Chhayank Satija New Delhi 26 179:15:00 15:00 194:15:00 10 months
18 Chikimiki Assam 33 98:50:00 15:00 113:50:00 06 months
19 Deepanshu Kaushik Maharashtra 21 23:25 15:00 38:25:00 02 month
20 Deepshika Sharma Uttarakhand 31 60:20:00 15:00 75:20:00 04 months
21 Dheeraj Singh Jammu & Kashmir 28 00:00 06:20 06:20 15 days
22 Dhruv Shirkoli Odisha 20 49:35:00 15:00 64:35:00 04 months
23 Divya Sawant New Delhi 22 162:15:00 15:00 177:15:00 09 months
24 Esther Rao New Delhi 21 106:45:00 15:00 121:45:00 06 months
25 Gitansh Gahlot New Delhi 19 150:50:00 15:00 165:50:00 09 months
26 Gulasekaran T Tamilnadu 30 32:25:00 15:00 47:25:00 03 months
27 Harshit Tiwari Uttar Pradesh 21 180:05:00 15:00 195:05:00 10 months
28 Iknoor Singh Uttar Pradesh 22 183:35:00 15:00 198:35:00 10 months
29 Karan Nayak New Delhi 22 183:05:00 15:00 198:05:00 10 months
30 Kenneth Stephen Kerala 22 04:05 04:55 09:00 15 days
31 Koushik Kumar Das West Bengal 27 176:35:00 15:00 191:35:00 10 months
32 Kuldeep Haryana 22 15:15 15:00 30:15:00 02 month
33 Kumar Sudarshan Soni Madhya Pradesh 26 119:50:00 15:00 134:50:00 07 months
34 Mansi New Delhi 20 72:00:00 15:00 87:00:00 05 months
35 Mayur Kadam Maharashtra 18 181:50:00 15:00 196:50:00 10 months
36 Mehak Wadhwa New Delhi 21 98:35:00 15:00 113:35:00 06 months
37 Mehul Gupta Haryana 19 139:15:00 15:00 154:15:00 08 months
38 Minal West Bengal 20 34:05:00 15:00 49:05:00 03 month
39 Naman Bhatt Haryana 25 165:55:00 15:00 180:55:00 09 months
40 Nazneen Ansari New Delhi 26 117:45:00 15:00 132:45:00 07 months
41 Nikhil Raghav Haryana 21 182:20:00 15:00 197:20:00 10 months
42 Nishtha Bhatia New Delhi 22 77:50:00 15:00 92:50:00 05 months
43 Prajjawal Bihar 21 174:45:00 15:00 189:45:00 10 months
44 Prashant Singh Uttar Pradesh 23 113:50:00 15:00 128:50:00 07 months
45 Priyank Patel Gujrat 23 171:55:00 15:00 186:55:00 10 months
46 Rahul Tanwar Haryana 24 119:50:00 15:00 134:50:00 07 months
47 Raj Modanwal Uttar Pradesh 19 184:25:00 15:00 199:25:00 10 months
48 Ravi Yadav Maharashtra 24 124:35:00 15:00 139:35:00 07 months
49 Rohan M Gawand Maharashtra 24 155:15:00 15:00 170:15:00 09 months
50 Rohit Jain New Delhi 37 35:50:00 15:00 50:50:00 03 months
51 Roshan Gupta New Delhi 21 181:35:00 15:00 196:35:00 10 months
52 Sagar Yadav New Delhi 22 177:45:00 15:00 192:45:00 10 months
53 Sahil Kumar Jammu & Kashmir 24 37:15:00 15:00 52:15:00 03 month
54 Saksham Khandelwal Uttarakhand 19 39:00:00 15:00 54:00:00 03 months
55 Shashank Tiwari Uttar Pradesh 22 135:35:00 15:00 150:35:00 08 months
56 Shivangi Sinha Maharashtra 22 97:25:00 15:00 112:25:00 06 months
57 Shivank Bharti New Delhi 25 164:35:00 15:00 179:35:00 09 months
58 Shrish Kashyap West Bengal 21 149:25:00 15:00 164:25:00 09 months
59 Siddhartha Sharma Bihar 24 114:30:00 15:00 129:30:00 07 months
60 Sneha Aggarwal Madhya Pradesh 21 164:45:00 15:00 179:45:00 09 months
61 Sonu Yadav Rajasthan 23 01:00 15:00 16:00 01 month
62 Swati Joshi Madhya Pradesh 35 179:40:00 15:00 194:40:00 10 months
63 Tejas Verma Uttarakhand 23 102:30:00 15:00 117:30:00 06 months
64 Utkarsh Tripathi New Delhi 22 175:40:00 15:00 190:40:00 10 months
65 Vaibhav Sharma Jammu & Kashmir 26 76:15:00 15:00 91:15:00 05 months
66 Vikas Singh Haryana 29 84:20:00 15:00 99:20:00 05 months
67 Vishal Jakhar New Delhi 23 183:30:00 15:00 198:30:00 10 months
68 Yadvendra Singh Rajasthan 25 147:35:00 15:00 162:35:00 08 months
69 Yash Jain Madhya Pradesh 27 121:55:00 15:00 136:55:00 07 months

5.8. The Petitioner received an email dated 12.03.2023 from

Respondent No. 4 stating that as per the direction of the
Respondent No. 3 the excavation work on both the sides of the
runway will start from 13.02.2023 resulting in an abrupt
stoppage of the Petitioner flying academy. The Petitioner
replied to the email requesting to honour the agreement dated
 25.05.2019 and not to indulge in unlawful activities which are
contrary to the law especially the fundamental rights enshrined
in the Constitution of India. The copy of the email dated
12.02.2023 is annexed herewith and marked as ANNEXURE
P-3.
5.9. As a bolt from the blue, on 14.02.2023 (Tuesday), AAI
started digging around the runway. Civil Aviation Department,
Govt. of Madhya Pradesh (Respondent No. 1), the lessor did
not intimate the Petitioner about any such action till
17.02.2023. As a result of which all flying training operations
have completely stopped since 14.02.2023, causing irreparable
loss to the 69 trainee pilots in Rewa and to our reputation,
built assiduously over the decades. It is pertinent to mention
that the situation which have been created on account of
digging around the runway constitutes hazardous
circumstances under DGCA rules/regulation and mandates a
suspension of flying activities. The photographs showing the
work on the runway is annexed herewith and marked as
ANNEXURE P-4.
5.10. The Petitioner has approached this Hon’ble Court
seeking to direct the Respondent to permit the Petitioner to use
the Rewa airstrip for flying activities including but not limited
to the flying academy till alternate mechanisms acceptable to
both sides are made.

6. GROUNDS
6.1. That the abrupt stoppage of the functioning of the
Petitioner’s educational academy at Rewa Airfield will breach
the Fundamental Right to Education enshrined in the
Constitution of India of the enrolled students undergoing
training of the Commercial Pilot Course approved by the
DGCA.
6.2. Because the students are half way through the course
and will have to again study the entire course in case they are
left with no other education training academy.
6.3. Because the Petitioner is seeking a permit for grant of
the rights of the Rewa airport for a period till alternate
mechanism acceptable to both sides are made.
6.4. Because the training hours flown by students start are
time-bound and start to lapse if they do not complete the
course within a time-frame specified by DGCA.
6.5. Because the upcoming project at the Rewa Airfield is a
huge project and the Respondents considering the education of
the huge number of students can work on the other aspects of
the development of the airport such as terminal building
except the runway till alternate mechanism acceptable to both
sides are made.
6.6. Because the total land needed for developing the airport
has not yet been acquired by the State of Madhya Pradesh. The
digging of the area around the runway even before
accumulation of the total land required for developing the
airport is a premature and hasty exercise.
6.7. Because there are more airports in the vicinity of Rewa
there are 2 airport (at Satna-40 nautical miles), Khajuraho(-70
Nm); Prayagraj ( 60 Nm) and Chitrakoot (40Nm).
6.8. Because the Hon’ble Supreme Court has held that the
right to establish an educational institution is a fundamental
right under Article 19(1)(g) of the Constitution of India and
reasonable restrictions on such a right can be imposed only by
a law and not by an execution instruction.
6.9. Because the right to impart education is subject to
reasonable restrictions in the interest of the general public, in
the situation herein the right has absolutely been curtailed.
6.10. Because the Hon’ble Supreme Court has categorically
held that a citizen cannot be deprived of the said right except
in accordance with law. It has further been held that the
requirement of law for the purpose of clause (6) of Article 19
of the Constitution can by no stretch of imagination be
achieved by issuing a circular or a policy decision in terms of
Article 162 of the Constitution or otherwise.
6.11. Because the aircrafts need to be flown periodically for
continued Airworthiness, Maintenance and various DGCA-
mandated checks such as Radio inspection, monthly flights
etc. The digging by AAI has hampered this and not flying the
aircraft periodically will result in the grounding of the aircraft.
6.12. Because several aircrafts standing at the Rewa Airfield
are scheduled to undergo test-flights as per DGCA’s approved
test flight schedules within the next 10 days. Immobilization
of these aircraft will result in violation of DGCA’s orders.
 6.13. Because all parts, spares and components of aircraft
have to be imported from abroad since no aircraft parts are
manufactured in India. As such, advance payments have to be
made to foreign parts suppliers.
6.14. That the executive decision sent through email dated
12.02.2023 was passed by the respondent at Rewa, Madhya
Pradesh i.e. within the jurisdiction of this Hon’ble Court.
Hence, this Hon’ble Court has territorial jurisdiction to
entertain the present writ petition.
6.15. That petitioner does not have any other alternative
efficacious remedy except to invoke the extra ordinary
jurisdiction of this Hon’ble Court by way of present petition.
6.16. That petitioner has not filed any other similar writ
petition in this Hon’ble High Court or in the Hon’ble Supreme
Court of India on same cause of action.

7. RELIEF PRAYED FOR :-

In view of the above facts and circumstances of the case the
petitioner prays for the following reliefs:-
A. This hon’ble court may be pleased to direct the respondent
department to permit use of Rewa airport runway for the purpose of
flight training embodied in the agreement dated 25.05.2019 and for
the 69 students who are enrolled commercial pilot course approved
by DGCA.
B. This Hon'ble Court may be pleased to direct the Respondents
particularly Respondent No 3 to move forward with the plans to
develop Rewa Airport in a manner that permits the continued and
uninterrupted use of the Runway at the Rewa Airfiled for the
 purpose of the flying academy till such time that a mutual solution
is found

C. This hon’ble court may kindly be pleased to pass such other and
further order(s) which this hon’ble court may deem fit and proper in
the facts and circumstances of instant case.

8.INTERIM ORDER/WRIT, IF PRAYED FOR :-

As an interim measure, the Hon’ble Court may kindly direct
the Respondents to develop the Rewa Airport in such a manner that
the flying operations of the petitioners are unaffected, furthermore
direct Respondent No 3 to stop the digging works currently being
carried out adjacent to the Run way which contravenes DGCA
regulations and is hazardous to the flying operations and the safety
and security of the trainee pilots and aircrafts till the final disposal of
the present writ petition, in the interest of justice.
9. DOCUMENTS RELIED ON BUT NOT IN POSSESSION OF
THE PETITIONER :- Nil.

10. CAVEAT :-

That no notice of lodging any Caveat has been received.

An affidavit of petitioner in support of writ petition is filed

herewith.
PLACE: JABALPUR
DATED: 20.02.2023 (ANVESH SHRIVASTAVA)
CONSEL FOR PETITIONER
 BEFORE THE HON'BLE HIGH COURT OF MADHYA
PRADESH, PRINCIPAL SEAT AT JABALPUR

W.P. No. /2023

PETITIONER : FALCON AVIATION ACADEMY

Versus

RESPONDENTS : State of M.P. & Others

LIST OF DOCUMENTS

Sl.No. Description of documents Annex Page

1 Certificate dated 18.11. 2022
2 Copy of the lease and development agreement
dated 25.05.2019
3 Copy of E-mail Dated 12.02.2023
4 Copy of Relevant Photographs

Place: Jabalpur (ANVESH SHRIVASTAVA)

Dated: /02/2023 Advocate
Counsel For Petitioners