Indigo challenges HC order to uphold shift of ops to T-2

NEW DELHI: Interglobe Aviation Ltd moved the Delhi High Court on Tuesday against an order by a single-judge bench upholding Delhi International Airport Ltd’s (DIAL) direction to Indigo, the airline Interglobe operates, and Spicejet to “partially” shift their operations from Terminal 1 (T-1) of New Delhi’s Indira Gandhi International Airport to Terminal 2 (T-2).

On December 20 , 2017, Justice AK Chawla had dismissed a petition filed by Interglobe challenging DIAL’S directive to the airlines to shift one-third of their operations to T-2. The court, however, gave time to Indigo and Spicejet to shift their operations by 15 February, 2018.

DIAL had, in September and October l ast year, directed Indigo to operate its flights, to and fro Mumbai, Kolkata and Bengaluru from 4 January, 2018, from T-2. DIAL had issued the direction as a “temporary measure” to enable to renovate and expand the capacity of T-1.

HOW MANY FLEW FROM T-1, COURT ASKS DGCA

Meanwhile, the high court also sought to know from aviation regulator DGCA the number of passengers who flew on Indigo, Spi- cejet and Goair to and from Delhi between April 1 to December 31, 2017 from T-1.

A bench of justices Hima Kohli and Rekha Palli asked the Directorate General of Civil Aviation (DGCA) to prepare an affidavit of the three private carriers who have been asked by DIAL to partially shift their operations from T-1 to T-2.

The appeal is listed for hearing before a bench comprising justices Hima Kohli and Pratibha Rani on 18 January.

Senior advocate Mukul Rohtagi, appearing for Indigo, contended that the court passed the order on the basis of information given by the DIAL that they flew 16.1 million passengers per annum (mppa) between April 2016 till March 2017.

“We have flown only 14.62 mppa for the year concerned. The 16.1 mppa reflects the capacity of the airlines and not the passengers,” Rohtagi argued. He also contended that 14.62 mppa was not beyond the capacity of the T-1. He said the DIAL itself has disclosed that T-1’s existing capacity was 20 mppa.

The Indigo counsel contended that the decision would cause “complete confusion and inconvenience” to passengers and virtually have the effect of destroying its business.