Breaking| Delhi High Court Directs Indigo To Compensate Passengers, Commended DGCA For Its Role While Questioning How Situation Was Allowed To Precipitate

The Delhi High Court, today, directed Indigo Airlines to compensate the passengers who were/are stranded or suffered during this crisis, according to the Circular issued by the DGCA.

The Court also expressed dissatisfaction with the petition filed by the two lawyers, noting it "lacks adequate research, documents, evidence and statutory provisions to support the cause".

The Court commended the DGCA/Union Government for steps taken after the crisis erupted (such as invoking Section 8 of the Bharatiya Vayuyan Adhiniyam, 2024 and capping fares), but repeatedly questioned why the crisis was "allowed to precipitate at all".

The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela ordered, " Having gone through the petition, at the outset, we may express our dissatisfaction in the manner in which the petition has been filed, which lacks adequate research, documents, evidence and statutory provisions to support the cause. We expected the petitioners, who are lawyers, to have come better prepared...One of the measures which ought to have been taken up by the Respondents was to ensure the flight duty time limitations, recruitment of an adequate number of pilots; however, it appears from what has been stated on behalf of the Respondents that Respondent No. 3 could not recruit the requisite number of pilots...We appreciate the steps taken by DGCA; however, what bothers us that how such a situation can be allowed to precipitate... Such a situation is not confined only to causing inconvenience to passengers but also affects the economy of the country, as in the present days, fast movement of passengers is important to keep the economy working...Another issue is the payment of compensation to passengers who are stranded at airports. Our attention is also drawn to a DGCA circular which details the facilities to be provided by the airlines for delays, cancellations of flights. Clause 3.3, 3.4 and 3.5 of the provides the steps to be taken in such situations, including the payment of compensation on account of the situation being caused because of cancellation of flights, etc. We expect, and direct that such provisions for compensation will be strictly adhered to and followed by the Respondent No. 3, as per the Circular dated.... If there is any other way to compensate the passengers, it must be ensured...We may observe that such actions must be continued, without compromising the security and safety of the Passengers... As already directed above, we expect steps will be taken by all the Respondents for the compensation to the passengers."

Petitioner appeared in person, while ASG Chetan Sharma appeared on behalf of the Union of India, Advocate Anjana Gosain appeared for DGCA, and Senior Advocate Sandeep Sethi appeared for Indigo Airlines.

The Court, in its order, said, "The situation in the past week has raised alarms, and the passengers are facing continuous inconvenience. Such disruptions have even resulted in an unreasonable surge in fares being charged by other airlines. Because the passengers got stranded at the airport on account of cancellations, the children and the old-aged persons are facing health issues. It has been reported that the staff of the airline have not been attending their problems in an appropriate manner, which is expected of the airline staff and as expected in a civilised society."

Justice Gedela remarked, "We expect the Government to do so...have you read the newspaper today? Tell us?... You are not fully aware, but you file a PIL. We are not permitting this...This is not a merry-go-round..."

Petitioner-in-person submitted, "The cancellations have been reduced to 10%."

Justice Gedela said, "This time the government has started taking action."

Chief Justice asked, "Please tell us what the statutory mechanism available to the Government of India is to regulate these...What is the statutory framework available with the GOI, of DGCA, to regulate these service providers...that is the problem with these PIL. We can hold them accountable...I mean, saying things like a layman...You are before the court of law...you have to fulfil your duties."

CJI further added, "We are sorry we can't entertain such PILs...collected from newspapers...from the public and filed the petition. You have not seen statutes, regulations, frameworks, etc, we expect something from you."

The Court asked ASG Sharma, "Kindly tell us, it is a crisis...the question is how can such a thing precipitate...it is not only the question of individual passengers are stranded...the question is loss to economy...what about passengers.. they are sleeping on the floor.. what all actions have you taken...what regulations you have issued against these service providers...most important thing is that the situation in which you have issued these directions for the pilots,... "

ASG stated, "The Ministry has applied Section 8(Section 8 of Bharatiya Vayuyan Adhiniyam, 2024), which has never been done...they have capped the fare...capping has been done as a strict measure..." He then explained how capping is done.

Chief Justice asked ASG, "When have you done the capping...the air ticket which was available for 3-4k, went up to 25-30k."

Justice Tushar asked ASG, "How can the other airlines take advantage of this situation? How can it (the airfare) go till 30k...how can it happen?"

ASG then apprised the Court regarding all the measures that have been taken by the authorities.

Chief Justice said, "Mr Sharma, all these actions have been taken by you once the crisis erupted. The question is not this. The question is why the crisis erupted at all, and what have you been doing?"

ASG replied, "The learned single judge of this court gave them time to fall in line, and they fell in line, but this particular airline did not...They hit this air turbulence because of their own ineptitude. They assured us. The government had nothing to do with it.... They were a professionally run airline hitherto...A show cause notice has been given to them, and in the reply, they have apologised profusely."

Chief Justice said, "After the disposal of the matter by this court, these provisions were to be implemented in a phased manner. If, in case any service provider/airline has to do so...what are those provisions, rules or policy decisions...if they are not adhering to the rest period...Are you helpless? What action could you take against them for failure to adhere?"

ASG Sharma replied, "DGCA looks into it...there is Section 8...this is never invoked....Section 8 of Bharatiya Vayuyan Adhiniyam, 2024."

ASG reads Section 8 of the said Act, which says "8. Superintendence of Central Government.—The superintendence of the Directorate General of Civil Aviation, the Bureau of Civil Aviation Security and the Aircraft Accidents Investigation Bureau shall vest in the Central Government, which shall have the power to issue directions to each of these organisations, on any matters falling under sub-section (2) of sections 3, 5 and 7, respectively, if it considers necessary or expedient so to do in the public interest."

Chief Justice raised a query, "We want to know, Section 4 empowers DGCA to issue directions for the operation of these airlines. If there is a violation, what happens then? This is all we expected from you( said to the Petitioner)."

Advocate Anjana Gosain, appearing for DGCA, explained to the Court regarding the background, framework, regulations, rules and steps taken by the authorities.

Justice Gedela asked, "Tell us, on the ground reality, if a pilot is supposed to do two landings in a night and he is doing six, he is compromising on people's safety."

The Counsels informed the Court that the Government has taken all steps which are required to regulate this crisis.

ASG Sharma said, "Inquiry appointed, restorative measures in place. Whatever the government could do, it has done more than that, and it has been appreciated by the Supreme Court as well...There should not be a knee-jerk reaction...There is a complete mechanism in place. So far as the government is concerned, the government has acted with great alacrity and severeness, also, keeping in mind the interest of senior citizens and passengers with medical issues, and we will continue to do it."

Chief Justice remarked, "Look at the prayers, they are all vague."

Senior Advocate Sethi, appearing for Indigo Airlines, requested that the Court not pass any negative finding, stating the crisis was a first in their 19 years of operation and arose from "things beyond our control." He also submitted that they are currently back to 90% capacity.

The Chief Justice countered this, pointing out that other airlines had implemented the necessary measures that the respondent airline had not, and questioned the economic impact of passengers being stranded for a week.

The Court also ordered, "The services being provided by Respondent No. 3 are well recognised; however, the crisis has occurred on account of a multitude of factors, including unforeseen circumstances. Since the enquiry committee has already been constituted, where Respondent No. 3 has had all the opportunity to make a case, we refrain from making any observations at this juncture. While we have taken cognizance of the issues. It is clear, any observation made in the order is only to ensure to serve the public interest..."

Background

A public interest litigation petition filed by two practising lawyers raises grave concerns over the recent disruptions which occurred in the services being provided by Indigo Airlines on account of cancellations of a large number of flights and delays in flights. Because of this, which is even continuing as of this date, the passengers have been denied boarding and have been stranded at various airports in the country.

The matter was mentioned before the Delhi High Court on December 8, 2025 and was listed today.

Another matter was also mentioned before the Supreme Court on the same day. The Apex Court refused to list the urgent hearing of a plea seeking judicial intervention into the cancellation of hundreds of flights by IndiGo. The Court said that the Centre has taken note of the situation and has taken steps to address it; therefore, there is no urgency in the matter.

Accordingly, the matter is now listed for a further date.

Cause Title: Akhil Rana and Anr. v. Union Of India and Ors. [W.P.(C) - 18718 / 2025]