DIAL can charge Rs 150 from entering commercial vehicles: HC

The Delhi High Court today held that Delhi International Airport Ltd (DIAL) was entitled to charge Rs 150 from commercial vehicles entering the arrival area of terminal 3 of IGI airport to pick up passengers to "discourage overcrowding, touting or nuisance".
Justice Manmohan, however, directed DIAL to show the entire revenue generated from the fee as a separate entry in its balance sheet and to use it to improve infrastructure at the airport.
The court was of the view that amount of Rs 150 for eight minutes was not a fee or tax, rather it was a parking and usage charge which any airport was entitled to levy.

"This court is of the view that a parking charge can certainly be levied by respondent 2 DIAL to discourage overcrowding, touting or nuisance. This court is further of the opinion that the entry fee of Rs 150 for eight minutes is neither a tax nor a fee.
"It is actually a parking and usage charge which any airport is entitled to charge. In any event, to put the matter beyond controversy, it is directed that respondent 2 shall show the entire revenue generated from the entry fee as a separate entry in its balance sheet and use this revenue for improvement of infrastructure at the airport," the court said.

The ruling came while dismissing app-based taxi company Magic Sewa's plea challenging levy of the Rs 150 amount as well as award of licence to Easy, Meru and Mega Taxi to enter a lane in the arrival area to pick up passsengers.

The court observed that DIAL's decision to enter into licence agreements with three successful bidders -- Easy, Meru and Mega taxis -- "for round-the-clock cab service with higher standards of service quality was reasonable, fair and cannot be faulted with as it ensures that reliable and dependable sources provide the essential facility of private transport at IGI airport".

The court termed as "ill-founded" Magic Sewa's argument
that DIAL's decision stood vitiated as it created a monopoly in favour of the three taxi operators.
DIAL's decision to award contract to the three service providers "ensures that there is healthy competition amongst them and no monopoly", it said.
Magic Sewa as well as other taxi operators can park their vehicles in the multi-level car parking (MLCP) which is integrated with the airport and from where they can pick up passengers, thus avoiding paying of the entry fee and disruption of the smooth traffic flow on the arrival lane of T3, it said.

Discounting Magic Sewa's plea of discrimination, the court said the licensed taxi operators pay appropriate fees, just like the petitioner, for providing non-stop round-the-clock taxi service at IGI airport.
"The only difference is that the licensed taxi operators pay on a monthly basis, while petitioner pays on a per usage basis," it said.
The court also observed that the Magic Sewas was not in existence at the time of tender and, consequently had not participated in the bidding.
The Rs 150 entry fee was being charged at the arrival area of Terminal 3 and not at its departure area, it said.

It was not being charged at the arrival and departure areas of Terminal 1, it observed.