The Delhi High Court has ruled against the Airports Authority of India (AAI) in its appeal challenging the cancellation of land allotment in Vasant Vihar, New Delhi. The court upheld the re-allotment of the land, measuring 2.0524 acres, to political parties, including the Samajwadi Party, Janata Dal United, and Mizo Peace Foundation. The court emphasized that the matter had progressed significantly and could not be reversed at this stage.
Background of the Dispute
The case traces its origins to 1985 when the Directorate General of Civil Aviation (DGCA) was initially allotted the land. The National Airports Authority of India (NAAI), the predecessor of AAI, acquired the land in 1987 after paying a sum of Rs. 16,41,920. The possession was formally transferred to AAI in 1990. The land was designated for constructing 120 residential units for AAI officials.
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However, in 2002, the Union Government canceled the allotment before any construction could commence. AAI argued that no justification was provided for this cancellation, and it made multiple appeals to various government bodies, including the Ministry of Civil Aviation and the Directorate General of Civil Aviation, seeking the restoration of the land.
Legal Battle and Court’s Observations
Following unsuccessful attempts to resolve the issue through governmental intervention, AAI filed legal petitions. Initially, a writ petition (W.P.(C) 5828/2012) was withdrawn, followed by another petition (W.P.(C) 6372/2012), which was dismissed by a single judge of the Delhi High Court in 2016. AAI then filed an appeal, which led to the present judgment.
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During the appeal process, portions of the disputed land were allotted to political parties, who constructed their respective offices. AAI opposed these constructions, but they proceeded under judicial orders. AAI also explored alternative land options in BK Dutt Colony (1.80 acres), Jor Bagh (1.97 acres), and Pushpa Vihar (0.12 acres), but the negotiations did not materialize.
Court's Final Verdict
The division bench comprising Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta ruled that the land, now occupied by political parties, could not be reclaimed by AAI. The court stated:
"The allotment in favor of the political parties cannot now be disturbed, and accordingly, the re-allotment of the Vasant Vihar land is not possible in the opinion of this Court."
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Furthermore, the court highlighted that since AAI is a statutory authority under the Airports Authority of India Act, 1994, and had originally paid for the land, a delay in construction should not have led to the forfeiture of its rights. However, given the current situation, reverting the allotment was deemed impractical.
The court acknowledged the prolonged nature of the dispute and urged high-level discussions between key government stakeholders, including the Secretary of the Ministry of Urban Development, the Secretary of the Ministry of Civil Aviation, and the Chairman of AAI. The court set April 15 as the deadline for this meeting and suggested:
"If the alternate land is not a feasible proposition, then the flats constructed by NBCC can be considered for allotment, as per AAI’s requirement, on payment of discounted charges by AAI, covering only the cost of construction, maintenance, etc. Such an approach may also resolve this long-pending dispute between two government departments, in the interest of employees of AAI as well."
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The next hearing is scheduled for May 1, by which time the Union Government must file a status report on the proposed resolution.
The matter will now be heard on May 01.
Title: AIRPORTS AUTHORITY OF INDIA v. UNION OF INDIA & ORS
