The Delhi High Court on Tuesday (February 13) refused to ratify its order which dismissed IndiGo’s petition against DIAL’s (which operates Delhi airport) move to relocate a part of its operations from Terminal 1 to the newly opened Terminal 2 of the Delhi airport.

A division bench of Justices Hima Kohli and Rekha Palli said in the judgement: “We are of the opinion that there is no illegality, arbitrariness or infirmity in the impugned judgment (December 20 order) that warrants interference. Moreover, the learned Single Judge has gone to the extent of watering down the option given by the DIAL to the IndiGo and the SpiceJet by directing that in the event they make a request to shift one third of their operations by excluding the three identified sectors, i.e., Mumbai, Kolkata and Bengaluru, they may do so within one week from the date of the judgment.”

The bench further stated: “We grant a last opportunity of one week to the appellants, IndiGo and the SpiceJet to approach the DIAL to suggest other sectors that they would be ready and willing to shift from T-1 to T-2, as long as they collectively meet the yardstick of one third passenger traffic volumes of their operations at T-1. In the event such a request is received by the DIAL within the stipulated timeline, the same shall be considered and a decision taken under written intimation to both the airlines within one week from the date of receipt. If no such request is received within the stipulated timeline, then DIAL shall fix a deadline for shifting one third of the flight operations of the concerned airlines from T-1 to T-2, underwritten intimation to them.”

DIAL had asked the three airlines to shift their flights to and from Delhi to Kolkata, Mumbai and Bengaluru to T-2 from January 4, 2018 while directing other airlines to operate their flights from T-1. Only GoAir had relocated its operations to T-2.

—India Legal Bureau