Delhi High Court dismisses Vizag airport

The Delhi High Court has dismissed a petition challenging the central government's decision to close the existing Visakhapatnam airport to scheduled commercial flights. The court ruled the case should be heard in Andhra Pradesh, where a similar petition is already pending.

A bench led by Chief Justice DK Upadhyaya and Justice Tejas Karia dismissed the plea on the ground of forum non conveniens, or inconvenient forum. The court stated the dominant cause of action occurred in Andhra Pradesh, not Delhi. Advocate Pranav Sachdeva represented the petitioner, Gopala Krishna Kosaraju.

The Government's Closure Notification

The Ministry of Civil Aviation issued a formal notification on July 28. It states the civil enclave at Visakhapatnam Airport, also known as INS Dega, will close to scheduled commercial operations for 30 years. This closure is effective from 12:01 am on August 17, 2026. Operations will commence that same day at the new Bhogapuram International Greenfield Airport.

The notification clarifies that the airport's International Air Transport Association (IATA) code, VTZ, will be transferred to the new Bhogapuram airport. The ministry said this decision was made when site clearance was granted for the new airport back in January 2016.

Certain operations are exempt from the 30-year ban. The closure does not apply during national emergencies. It also exempts aircraft owned or operated by the Indian Air Force, other armed forces, police, or any other authorised agency. Flights carrying dignitaries in government-owned, leased, or hired aircraft are also exempt.

Petitioner's Constitutional and Financial Arguments

Petitioner Gopala Krishna Kosaraju, a resident of Andhra Pradesh, argued the 30-year ban is arbitrary and unreasonable. His petition claims it violates Articles 14, 19, and 21 of the Indian Constitution. He contends that enforcing an absolute ban on a fully functional, centrally located airport is unlawful.

The petition highlights a significant financial investment. It states over 250 crore rupees of public money has been invested by the Airports Authority of India in developing INS Dega's terminal and airside infrastructure in recent years. "Rendering this asset idle for scheduled commercial use to guarantee commercial exclusivity to a private operator violates the Public Trust Doctrine," the petition argued.

Claims of Discriminatory Policy and Commuter Hardship

Kosaraju's petition further contends the ministry's policy is inherently discriminatory. It points out that dual-airport operations are permitted elsewhere in India. The petition listed several examples:

The policy, however, mandates a complete shutdown for Visakhapatnam. The petition argues this selective application is unfair.

Shifting all civilian traffic poses practical problems, according to the petitioner. Key road and mass-transit links to Bhogapuram, located approximately 50 km from Visakhapatnam, remain incomplete. The petition argues this shift would cause severe commuter hardship and pose safety risks, particularly during medical emergencies when travel time is critical. The Delhi High Court's dismissal means these arguments will now be heard in the Andhra Pradesh High Court.