Executive aviation directions may be suspended or revived as interim measures when consistent with the parent Act and Rules.

Executive aviation directions issued under the Aircraft Act and Aircraft Rules may be altered, suspended, or substituted by the competent authority where they operate as special directions or civil aviation requirements rather than subordinate legislation. The Court held that keeping the later Civil Aviation Requirements in abeyance and reviving the earlier Aeronautical Information Circular as an interim measure were within power and not illegal, because the action remained consistent with the parent Act and Rules and filled the regulatory vacuum. The challenge was also weakened by the appellants' prior withdrawal of a similar writ petition, attracting the principle against approbating and reprobating.

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Issues: Whether the circular keeping the Civil Aviation Requirements in abeyance and the subsequent revival of the earlier Aeronautical Information Circular were within the competence of the Directorate General of Civil Aviation under the Aircraft Act and the Aircraft Rules.

Analysis: The relevant provisions conferred power on the Directorate General of Civil Aviation to issue special directions and civil aviation requirements in the interests of safety, subject to the Act and the Rules. The Court held that the impugned instruments were executive instructions or special directions, not subordinate legislation, and therefore could be altered, replaced, or kept in abeyance by the competent authority. The Court further held that the earlier circular could be revived as an interim measure to meet the vacuum created by suspension of the later requirements. The challenge was also weakened by the appellants' earlier withdrawal of a similar writ petition, which attracted the principle against approbating and reprobating.

Conclusion: The impugned action was held to be within power and not illegal; the challenge failed.

Final Conclusion: The appeal was found to be without merit, and the respondents' action concerning interim civil aviation directions was upheld.

Ratio Decidendi: Executive aviation directions issued by the competent authority under enabling statutory provisions may be altered, suspended, or substituted as interim measures so long as they remain consistent with the parent Act and Rules, and such administrative action is not to be struck down merely because it precedes a fresh regulatory regime.

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