The main legal point established in the judgment is that the regulations imposed by the Civil Aviation Department on the operation of aircraft were reasonable and necessary in the interest of national security and public interest, and therefore did not violate the fundamental right to move freely throughout the territory of India.

This writ petition has been filed by an Aero and Adventure Club by name "Sri Chithira Aero and Adventure Club, Trivandrum" challenging certain provisions contained in Exts. P4 and P5 directions issued by the Civil Aviation Department of the Government of India. The club is registered under the Travancore Cochin Literary Scientific and Charitable Societies Act, 1955 on 26-8-1992. The main object of the club is to promote areo sports by use of hand gliders and powered hang gliders, microlight and ultra light flying, para sailing and aqua sports activities. It claimed to be the Kerala Chapter of National Adventure Foundation, New Delhi, which is the National Apex Body to promote adventure. It is now in possession of one powered hang glider and four microlights. Subsequent to the registration of the club, it was granted permission to operate the flights by Airport Director, National Airport, Trivandrum by Ext. P2 order on 14-11-1992. Thereafter, by Ext. P3 certificate the Director of the Department of Tourism recognised it as a tourism unit to undertake tourism activity for development of adventure sports.

2. While the club is so engaged the first respondent Director General of Civil Aviation in exercise of powers conferred on him under Rule 133A of the Aircraft Rules 1937 issued an order containing requirements applicable to microlights aircrafts. Ext. P4 is the copy of the said order dated 20-5-1993 dealing with the registration and airworthiness of microlight aircraft. Again the Director General of Civil Aviation issued an order on 14-7-1993 giving directions for operation of the hand gliders and powered hang gliders. After the issue of Exts. P4 and P5, the club could not conduct aero adventure sports programmes. Therefore, the Representative of the club had a detailed discussion with the first respondent in Oct. 1993. Later it made a representation dated 7-1-1994 evidence by Ext. P7 to the first respondent requesting to issue orders granting exemption in the case of the activities of the club. It again filed another representation evidence by Ext. P8 dated 10-5-1995 before the Director General of Civil Aviation. It was in the aforesaid background the present writ petition has been filed by the club.

3. The main contention advanced by the club is that clauses 6.4 and 8.4 contained in Exts. P4 and P5 respectively create unreasonable restrictions in the matter of enjoyment of its fundamental right guaranteed under Article 19(1)(d) of the Constitution. Its further case is that the restrictions imposed by Exts. P4 and P5 are clearly discriminatory inasmuch as they allow the operation of microlight aircraft whereas they restrict the operation of gliders and powered hang gliders.

4. Clause 6.4 of Ext. P4 which relates to the operation of microlight aircraft is as follows:

"The aircraft shall not be flown over the entire air space over the territory of Delhi, and areas falling within 50 km from international borders. (The sea coast line will be considered as Indian International border in addition to geographical international border). The aircraft shall also not be flown over an assembly of persons or over congested areas or restricted areas including cantonment areas, defence installations etc. unless prior permission in writing is obtained from appropriate authorities. The restricted areas are listed in Annex. VII of this CAR in consultation with the Ministry of Home Affairs."

Clause 8.4 in Ext. P5 which relates to the operation of hang gliders and powered hang gliders is as follows:

"The hang glider shall not be flown over the entire air space over the territory of Delhi and areas falling within 50 km from international borders. (The sea coast line will be considered as Indian International border in addition to geographical international border). The hang glider shall also not be flown over an assembly of persons or over congested areas or restricted areas including cantonment