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Delhi HC Quashes DGCA Circular Fixing Excess Baggage Fee

Live Law News Network
16 Aug 2017 3:56 PM GMT
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In what would have wide ramifications, the Delhi High Court on Wednesday set aside the Rs. 100 per kg fee fixed by the Director General of Civil Aviation (DGCA) for excess checked-in baggage of 15-20 kg on private airlines.

Justice Vibhu Bakhru set aside the DGCA's June 10, 2016, circular that mandated that private airlines will charge Rs. 100 per extra kg till 20 kg as against their earlier rates, ranging from Rs. 220 to Rs. 350.

The circular had come into effect from July 1 last year, as the court had not stayed it or deferred the date of implementation.

The court said the amounts charged by airlines would be restored if the Federation of Indian Airlines (FIA) succeeded in its plea challenging the circular.

The FIA, in its plea through senior advocate Gaurav Sarin, had said the DGCA did not have the jurisdiction to fix tariff as this power rests with the airlines and the fares were determined by market forces. The court also decided a string of related issues.

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