Delhi HC pulls up Centre over IndiGo crisis; orders passenger compensation

Delhi High Court criticised the Centre and DGCA over the IndiGo disruptions and directed airline to immediately begin compensation under the DGCA's 2010 circular, with the next hearing on Jan 22, 2026

The Delhi High Court on Wednesday pulled up the Centre for what it called its “inaction” leading up to the recent IndiGo flight disruptions, and questioned how such a situation was allowed to snowball into chaos.

 

The court also directed IndiGo to “immediately” start compensating affected passengers.

 

A bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela was hearing a petition seeking refunds and assistance for affected passengers.

 

Chief Justice Upadhyaya told the airline that as far as compensation was concerned, the airline will have to “immediately start it as per the 2010 circular”.

 

“What about the agony? Because they faced hostile staff… think of those who got stranded for a week… in these times, what is the impact on the economy which is unassessed… (There has to be) compensation not only for cancellations but also other damages (for the passengers’) sufferings and agony,” the court observed.

 

The court told IndiGo to comply with the Directorate General of Civil Aviation (DGCA) circular issued on August 6, 2010, which lays out compensation for passengers facing denied boarding, cancellations, or delays. It also directed the DGCA and the Ministry of Civil Aviation to ensure full compliance.

 

Justice Gedela also questioned how other carriers were allowed to exploit the situation.

 

“If there is some crisis, how can the other airlines take advantage of it? How can it go to ₹30,000- ₹40,000… it’s like a pound of flesh, how can it happen?”

 

During the proceedings, the bench also criticised the Centre saying there was a lack of oversight.

 

Addressing Additional Solicitor General (ASG) Chetan Sharma, representing the DGCA and the Civil Aviation Ministry, Chief Justice Upadhyaya asked, “Why did such a situation precipitate? … it is not a question of individual passengers being stranded… The question is, loss to the economy… All these steps have been taken once the crisis erupted… question is, why, at all, this crisis arose, and what have you been doing?”

 

ASG Sharma explained that airlines were repeatedly given extensions to implement the Flight Duty Time Limitations (FDTL) norms, but IndiGo failed to comply even after the deadline of November 1.

 

“… When November 1 came, other airlines fell in line, this one (IndiGo) did not,” he said, adding that “It was going smoothly until this turbulence hit, they hit an air pocket because of their ineptitude.”

 

The chief justice, however, questioned the regulator’s passivity.

 

“It (flight duty time limitations) was to be implemented by November 1… in case of failure (to implement) by these airlines, are you helpless? If they failed to come true to their assurance, what did you do… What action could you take against them for those not adhering… They ought to have recruited an adequate number of pilots… You (DGCA) say you’ve been monitoring it… if they did not recruit enough pilots, what action can be taken in such a case, if they are not giving correct figures of pilots?”

 

The Centre told the court that to curb excessive airfares following the cancellations, it issued a directive on December 6 imposing fare caps.

 

It added that, for the first time, it had invoked Section 8 of the Bharatiya Vayuyan Adhiniyam (formerly the Aircraft Act), which empowers the government to issue directions to the DGCA, Bureau of Civil Aviation Security, and Aircraft Accidents Investigation Bureau on matters including regulatory oversight.

 

Representing IndiGo, senior advocate Sandeep Sethi said the airline had implemented the new FDTL rules on November 1, but disruptions were caused by “a multitude of factors, including a technical glitch (and) adverse weather conditions in North India… for reasons beyond our control.”

 

The court noted that a high-level committee’s inquiry into the disruptions is expected to conclude by December 20, and directed that its report be submitted in a sealed cover at the next hearing on January 22, 2026.

 

The crisis at domestic carrier IndiGo continued to affect passengers, as nearly 100 flights were cancelled on Wednesday. The DGCA on Wednesday summoned IndiGo Chief Executive Officer Pieter Elbers to appear before the regulator on December 11 afternoon.