"Why Step-Motherly Treatment?": HP High Court Raps Centre Over Shimla's Air Woes

In a pointed critique of aviation policy, the Himachal Pradesh High Court has questioned the Union government's exclusion of Shimla—the state's capital—from the UDAN Regional Connectivity Scheme. A Division Bench led by Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi labeled it "step-motherly treatment," directing the Ministry of Civil Aviation to explain the disparity in a public interest litigation originally sparked by bird hazards at Kangra Airport.

From Bird Strikes to Flight Famine: The PIL's Surprising Turn

What began as a suo motu petition (CWPIL No. 40 of 2025) addressing bird menaces at Kangra/Gaggal Airport expanded dramatically on November 11, 2025. The court broadened its scope to scrutinize inadequate flight services across Himachal's three airports: Shimla, Kullu, and Kangra. Himachal's rugged terrain makes road travel grueling—up to 8 hours to Delhi via Chandigarh—while tourism fuels the economy. Yet, residents endure sparse connectivity: one irregular hopping flight each at Shimla and Kullu, with Kangra faring slightly better at 50 weekly movements.

The state highlighted Shimla as the only capital not linked under UDAN, even as the modified scheme in Budget 2026-27 snubbed key routes like Delhi-Shimla. Financial constraints limit the state's Viability Gap Funding (VGF), despite shelling out Rs. 32.64 crore to Alliance Air.

Centre's Viability Pitch vs State's Desperate Plea

The Union of India's affidavit touted investments: Rs. 116.70 crore for Shimla and Rs. 37.29 crore for Kullu under RCS-UDAN. Kangra links Delhi and Chandigarh via IndiGo and SpiceJet; Kullu connects Dehradun, Delhi, and Jaipur with Alliance Air's 16 weekly flights. But Shimla? No scheduled operations since Alliance Air halted due to aircraft shortages. The Centre insisted airlines decide routes based on "operational and commercial viability," with airports limited to small planes like ATR-42/72 amid national shortages.

Himachal countered fiercely: its pleas for routes ignored, no VGF sustainability, and tourism hemorrhaging without air links. As media reports echoed, the court zeroed in on this "contrasting stand."

Decoding the Disparity: Court's Razor-Sharp Logic

No precedents were cited, but the Bench drew on constitutional imperatives—ease of travel in a hilly state and tourism's role in revenue. They rejected viability alone as justification, noting even bureaucrats struggle sans flights: a Deputy Solicitor General's video-conferencing plea underscored the irony. The order emphasized duty to tourists flocking to Himachal's hills.

Key Observations That Hit Hard

  • On unequal treatment : "We are of the considered opinion that... respondent No.7... shall explain as to why the State of Himachal Pradesh has been given the step-motherly treatment ."
  • Tourism lifeline : "The State is heavily dependent upon the tourism, therefore, it is bounden duty ... of the Union of India to provide adequate connectivity."
  • Shimla's plight : "Shimla is the only State capital, which is yet to be connected under the Regional Connectivity Scheme."
  • Travel torment : "Arduous journey to reach the National Capital which is 8 hours by road considering the hilly terrain."

Showdown Set: Centre to Face the Music

The court summoned a senior Ministry officer via video link, deferring hearings to May 6, 2026—timed with Alliance Air's potential May restart. Implications? A win could unlock UDAN routes, easing commutes and boosting tourism. Airlines might rethink viability amid judicial nudge, setting precedent for other underserved regions. Himachal's skies may finally clear.

(Amicus Curiae: Ms. Sneh Bhimta; State: AG Anup Rattan; Union: DSG Balram Sharma.)