
The Delhi High Court has refused to interfere with the allotment of a land measuring 2.0524 acres in Delhi’s Vasant Vihar area to three political parties for the construction of their party offices, earlier allotted to the Airports Authority of India (AAI).
The Division Bench of Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta observed that since the land had already been allotted to Samajwadi Party, Janta Dal United and the Mizo Peace Foundation, the clock could not be put back.
The Bench passed the order on a petition filed by AAI in 2016. The authority was allotted the land for the construction of 120 dwelling units for its officials in the form of a residential complex.
The allotment was cancelled by the Government of India, prior to the commencement of the construction of the dwelling units.
The authority contended that no reason was given for the cancellation of land allotment. It said the matter was not resolved despite the AAI approaching the Directorate General of Civil Aviation and the Committee on Disputes.
As per the plea, during the appeal, portions of the land were allotted to the political parties who made their respective constructions. While AAI opposed the development, however, the construction proceeded under various judicial orders. The authority rescinded from the allotment of an alternate land.
The High Court observed that much water had flown since the cancellation of the allotment of the land.
Since the three political parties have already been allotted land for their party offices, the same could not be disturbed as the writ petition filed by the AAI had already been dismissed by a single-judge Bench.
The Bench noted that being a statutory authority under Section 13 of the Airport Authority of India Act, 1994, AAI had made the payment for the Vasant Vihar land. A mere delay in construction, that too of an autonomous statutory authority, could not have prima facie resulted in them losing rights over such a land, and the possibility of construction of flats for their employees, it added.
The Bench further said the political parties shall continue to retain their allotments as per the respective allotment conditions.
The High Court pointed out that allotment of alternate land to AAI was a reasonable and viable proposition, which was repeatedly considered by the Union Government, however, the same had not been fructified.
It directed that a high-level meeting be held between the Secretary of the Union Ministry of Urban Development, the Secretary of the Union Ministry of Civil Aviation, and the Chairman of AAI, on or before April 15.
The Bench said in case the alternate land was not a feasible proposition, the flats constructed by NBCC be considered for allotment, as per AAI’s requirement, on payment of discounted charges by the AAI of only the cost of construction and maintenance.
The High Court observed that the approach may resolve the long-pending dispute between two Government departments, in the interest of employees of AAI as well.
The Bench has listed the matter for further hearing on May 1.
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