Supreme Court rejects IndiGo's plea against Delhi High Court order to shift from T1 to T2

The High Court had granted a week to IndiGo and SpiceJet to approach DIAL for suggesting flights to and from sectors that they would be ready and willing to shift from T-1 to T-2.

Published: 23rd February 2018 07:29 PM  |   Last Updated: 23rd February 2018 07:32 PM   |  A+A-

An IndiGo aircraft


 NEW DELHI: The Supreme Court today disposed of a plea of no-frill carrier IndiGo challenging a Delhi High Court order to shift its operations partially from Terminal-1 (T-1) of the IGI Airport here to Terminal 2.

A bench of Chief Justice Dipak Misra and Justice D Y Chandrachud refused to interfere with the high court's February 13 order by which it had directed the airline to shift its operations partially to T2 but granted some relief by extending the timeline to approach Delhi International Airport Ltd's (DIAL).

The High Court had granted a week to IndiGo and SpiceJet to approach DIAL for suggesting flights to and from 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.

"Having heard counsel for the parties, though we are not inclined to interfere, we extend the time under the first direction (of approaching DIAL) issued by the High Court, till March 3, 2018," the bench said.

The top court said that after the intimation is sent to DIAL, it shall decide within ten days therefrom, but restrained it from taking any decision before the expiry of one week.

It said that after DIAL takes a decision on the timeline for shifting, IndiGo shall comply with the same within ten days therefrom.

The budget carrier had on February 19 approached the apex court against the February 13 order of the division bench of the High Court.

The larger bench of High Court had held that T-1 of the IGI Airport cannot be given exclusively to IndiGo Airlines simply because it suited a "corporate goliath" and the air carrier cannot claim monopoly over this aviation hub.

The court had turned down the suggestion of IndiGo that T-1 be dedicated exclusively to its use and low-cost carrier SpiceJet be asked to move its entire operations to T-2, and said this sprang from IndiGo's own commercial considerations and not made in the larger public good.

It said SpiceJet was as much a business rival of IndiGo as GoAir was a competitor of these two private carriers.

IndiGo may be on top of the heap if the volume of passenger traffic is seen, but this would not entitle Indigo to claim monopoly over T-1 to the exclusion of the rest, it added.

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