The court highlighted the necessity of adequate air connectivity for hilly states to support tourism and resident mobility, questioning the exclusion of the state capital from the Regional Connectivity Scheme (UDAN).

The scope of the present Public Interest Litigation was expanded on 11.11.2025 by passing the following order:-

“Though the present petition was initially dealing with the ground of bird menace as such at Kangra/Gaggal Airport, but we expand the scope of CWPIL.

2. We are informed that the State of Himachal Pradesh has three airports i.e. at Shimla, Kullu and Kangra. However, in spite of the said infrastructure having been set up, apparently the Union of India has not made adequate arrangements for sufficient number of flights to operate from the said airports and thereby causing grave inconvenience to the residents of Himachal Pradesh. Especially, more so, keeping in view the fact that being a hilly State, it is difficult to commute, and for the State, the tourism industry is its main revenue earning mode.

3. We are informed that at Shimla and Kullu, there is usually only one flight operating on a hopping basis, and even the regularity pattern is also not followed.

4. Accordingly, we request Ms. Sneh Bhimta, Advocate, to assist the Court also on the abovesaid aspect. Copy of the paper book be supplied to her along with earlier orders passed.

5. Resultantly, we implead Union of India, through its Secretary, Ministry of Civil Aviation, Rajiv Gandhi Bhawan, Block B, Jorbagh Safdarjung Airport Area, New Delhi, as respondent No.7, to give the necessary details.

6. Notice. Mr. Rajeev Sharma, Advocate, appears and accepts service of notice on behalf of respondent No.7.

7. Counsel for the State is directed to file a status report as to what request it has made to the concerned authorities for ensuring regular flights to the said airports.

8. To come up on 16.12.2025.”

The affidavit filed on behalf of thoe Ministry of Civil Aviation, Union of India through its Under Secretary would go on to show that the Central Government has developed and operationalized Shimla and Kullu Airporuts by allocating budget of Rs.116.70 Crore and Rs.37.29 Crores respectively under the Regional Connectivity Scheme (RCS). However, there is no mention in the affidavit regarding how much has been spent on the development of the Airport at Kangra, but it is stated that the said Airport is connected to Delhi and Chandigarh with 50 weekly flight movements operated by M/s IndiGo and M/s Spicejet. Regarding Kullu, it has been stated that the said Airport is also connected to Dehradun, Delhi and Jaipur with 16 weekly flight movements operated by M/s Alliance Air.

It is admitted that there is no scheduled flight operations at Shimla as the Alliance Air has stopped its operations due to the grounding and shortage of aircrafts, but it may re-commence its flight operations on aircraft availability. It has been mentioned that the Airports are suitable only for small aircraft like ATR-42, ATR-72 and Q400 and there is limited availability of such aircrafts with the airlines in the country. It has also been averred that the airlines operators are to introduce air services from any airport in the country depending upon their operational and commercial viability.

The affidavit of the State filed today througHh its Special Secretary (Tourism & Civil Aviation) to the Government of Himachal Pradesh, however, specifies tfhat Shimla is the only State capital, which is yet to be connected under the Regional Connectivity Scheme, whereas all other States are connected. The modified UDAN Scheme announced by the Union of India in the Union Budget 2026-27 also excludes the said benefit and no routes have been allocated for the Delhi-Shimla-Delhi and Shimla-Dharamshala-Shimla sectors by the Central Government. The State’s limited financial capacity also handicaps it not making it feasible to continue providing Viability Gap Fund (VGF) for long in future. It has been averred that the respondents/ State has granted an amount of Rs.32,64,62,400/-, as per the Memorandum of Understanding signed on 05.04.2026 with the Alliance Air Aviation Ltd. as a Viability Gap Fund.

Keeping in view the cont