IndiGo appeals against shifting of operations to Terminal 2

Interglobe Aviation Limited (owner of IndiGo Airlines) on Tuesday appealed against the Single Judge Order of the High Court dismissing its petition challenging Delhi International Airport Limited’s (DIAL) directions to shift part of its operations from Terminal 1 to Terminal 2 of the Delhi Airport..The Single Judge Bench of Justice AK Chawla had dismissed IndiGo’s petition in December last year, holding that none of the issues raised by the airline fell within the domain of judicial review under Article 226 of the Constitution of India..IndiGo, represented by Senior Advocates Mukul Rohatgi and Sandeep Sethi, who were briefed by Samvad Partners, stated that the Single Judge had failed to appreciate that the said directions by DIAL were irrational, discriminatory and arbitrary..It was stated that the said decision was violative of Articles 14 and 19 (1) (d) and (g) and that the Single Judge committed a grave error in holding that none of the issues raised by IndiGo had an element of public interest..It was contended that DIAL did not consider the passenger data which would have had a direct bearing on any reasonable decision regarding shifting of operations..Further, it was contended that the Single Judge Bench had failed to appreciate that DIAL had shown special favour to GoAir while allowing it to shift its operations in entirety to Terminal 2 without any consultation or analyses..Representing GoAir, Senior Advocates Neeraj Kishan Kaul, Darpan Wadhwa and Raj Shekhar Rao, briefed by Karanjawala and Co. Partner Meghna Mishra and Senior Associate Ankit Rajgarhia, submitted that GoAir had already shifted its operations to Terminal 2 w.e.f. October 29, 2017..It was further submitted that GoAir’s operations were lesser, and therefore dividing its sectors would not be appropriate..The Division Bench of Justices Hima Kohli and Rekha Palli asked the Directorate General of Civil Aviation to file an affidavit stating the exact passenger data of the three airlines (IndiGo, SpiceJet and GoAir) for the period between April 1, 2017 and December 31, 2017..The matter will be next heard on January 18.