Vibhu Bakhru, J.

1. Federation of Indian Airlines (petitioner no.1) along with its member airlines (hereafter “the petitioner airlines”) have filed the present petition assailing the Air Transport Circular no.02 of 2016, (hereafter “the impugned circular”) issued on 10.06.2016 by respondent no.1 (hereafter “DGCA”). In terms of the impugned circular, the charges for check-in baggage weighing between 15 kg to 20 kg (that is, above the 15 kg free check-in baggage allowance) have been restricted to a maximum of Rs.100 per kg.

2. The impugned circular came in force with effect from 15.06.2016 and superseded the earlier circular no.03 of 2015 dated 08.11.2015, which left it open for the concerned airlines to determine the charges for check-in baggage over and above the free baggage allowance of 15 kg.

3. The petitioners claim that the impugned circular has been issued in contravention of the provisions of the Aircraft Act, 1934 (hereafter “the Act”) and the Aircraft Rules, 1937 (hereafter “the Aircraft Rules”). The impugned circular has also been challenged as being violative of Article 19(1)(g) read with Article 301 of the Constitution of India.

4. Before proceeding to address the