The Delhi High Court on Wednesday dismissed a public interest litigation (PIL) that sought directives for the Centre and IndiGo airline to compensate passengers four times their ticket price for flights cancelled during November and December 2022. The cancellations coincided with the implementation of new Flight Duty Time Limitation (FDTL) regulations.
A Division Bench, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, noted that the court has already acknowledged similar concerns in another pending PIL. The bench stated that the petitioner could seek intervention in the existing matter.
“We do not see any reason as to why the concerns raised here cannot be taken up in the earlier petition. The jurisprudence developed by the Supreme Court and High Courts permits the court to expand the scope of a petition in public interest,” the bench expressed.
“We decline to entertain this petition with liberty to the petitioner to seek intervention in the pending petition. The writ petition stands disposed of,” the court added while issuing its order.
The PIL came from the Centre for Accountability and Systemic Change (CASC), represented by its president, Prof Vikram Singh. The petition highlighted the far-reaching implications of IndiGo’s flight cancellations, which prompted significant concern within India’s aviation sector. The abrupt disruptions led to thousands of flights being cancelled, causing severe inconvenience to numerous stranded passengers.
Advocate Virag Gupta, representing the petitioner, highlighted the chaos at airports, citing issues such as misdirected baggage, extensive delays, insufficient airline communication, and confusion surrounding refunds and re-booking options.
The PIL also demanded an independent inquiry by either a retired judge or the Lokpal to investigate alleged negligence and lapses by the Directorate General of Civil Aviation (DGCA) in managing the crisis. This inquiry would aim to identify the root causes of the widespread flight cancellations.
Earlier, on December 10, the Delhi High Court engaged with the Central Government concerning its lack of timely intervention during the crisis triggered by IndiGo’s mass flight cancellations. The court questioned why the situation escalated to the extent that lakhs of passengers found themselves stranded, while other airlines purportedly charged exorbitant fares.
Criticism surrounding IndiGo has intensified since December 2, when the airline cancelled numerous flights under the new FDTL regulations concerning pilots’ duty and rest periods. The unexpected alterations to flight schedules caught many passengers off guard, resulting in significant travel disruptions.
The Delhi High Court’s recent ruling underscores the need for improved regulatory oversight in India’s aviation sector. As passengers continue to express their frustrations, industry experts advocate for enhanced measures to ensure that airlines provide timely information and satisfactory compensation in cases of flight disruptions.
The ongoing discourse around the IndiGo cancellations calls attention to the broader implications of regulatory changes on airline operations and passenger rights. Understanding these dynamics is crucial as the aviation industry adapts to evolving regulations while striving to serve the needs and expectations of travelers.
