Airports Authority of India v. Union of India

RAJIV SAHAI ENDLAW, J. FEBRUARY 11, 2016/bs.. (corrected & released on 26th February, 2016)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 11th February, 2016 + W.P.(C) No.6372/2012 & CMs No.17005/2012 (for stay), 14347/2013 (for directions) & 470/2015 (for modification of order dated 8.1.2014) AIRPORTS AUTHORITY OF INDIA ..... Petitioner Through: Mr. K.K. Rai, Sr. Adv. with Mr. Digvijay Rai, Mr. Syed Hassan Bin Taher and Mr. Anshul Rai, Advs. Versus UNION OF INDIA & ORS ......Respondents Through: Mr. Sanjeev Narula and Mr. Ajay Kalra, Advs. for UOI. Mr. Puneet Mittal and Mr. Anurag Mangla, Advs. for R-2. Mr. Pragyan Sharma and Mr. Ravi Kant Pal, Advs. for R-4. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petition, (i) impugns the letter dated 11th September, 2002 of the Ministry of Urban Development (MUD) cancelling the allotment made on 2nd July, 1985 of land ad measuring 2.0524 acres at Vasant Vihar, New Delhi to the Department of Civil Aviation for construction of residential complex; (ii) seeks mandamus for restoration of the said allotment to the petitioner Airports Authority of India (AAI) as the successor of the Department of Civil Aviation; and, (iii) alternatively seeks mandamus to the respondent to allot any other site in immediate vicinity of the earlier site. 2. It is the case of the petitioner AAI: (a) that the respondent MUD vide letter dated 2nd July, 1985 to the Director General of Civil Aviation (DGCA) allotted land measuring 2.0524 acres at Vasant Vihar, New Delhi for construction of 120 dwelling units in lieu of barracks situated in the residential area of Lodhi Estate which were in possession of DGCA; (b) that the allotment was subject to terms and conditions as mentioned in the "Memorandum of Agreement and Perpetual Lease" and which inter alia included: "(i) The date of allotment of the site will be the date of the letter. The plot will initially be on licence under an agreement and upon successful fulfilment of the terms of the contract lease will be given. (ii) The Director General Civil Aviation shall be required to construct the building in conformity with the Architectural surroundings of the area, within 2 (Two) years from the date of handing over or officer or handing over whichever is earlier. (iii) The allotment is being made to enable the Director General Civil Aviation to construct permanent replacement quarters for the barracks to be vacated by them in the institutional area of Lodhi Estate near Bal Bharti Air Force School. .......... (ix) Sixty one quarters placed at the disposal of the D.G.C.A. by the Directorate of Estates as a temporary measure to enable the D.G.C.A. staff to vacate the barracks occupied by them in the Institutional area near Bal Bharti Air Force School, shall be vacated and reverted to Directorate of Estates latest on the expire of 2 years from the date of communication of this allotment by the L&D.O. to the Director General Civil Aviation." (c) that in or about June, 1986 National Airports Authority of India (NAAI) was constituted and all the assets of DGCA including 2.0524 acres of land aforesaid were transferred to the NAAI; (d) that NAAI on 26th February, 1987 paid a consideration of Rs.16,41,920/- for the aforesaid land to the MUD and was on 31st March, 1987 put into possession of the said land; (e) that in or about 1995 the petitioner AAI was formed on merger of NAAI and International Airport Authority of India; (f) that the petitioner AAI appointed a consultant for construction of staff quarters on the aforesaid land but before the construction could commence, the respondent vide impugned letter dated 11th September, 2002 cancelled the allotment of the aforesaid land— without assigning any reason; (g) that the petitioner AAI vide its letter dated 25th April, 2006 sought a meeting with the MUD and vide another letter dated 10th July, 2006 informed the MUD that the revised drawings had been submitted by the consultant aforesaid appointed by the petitioner AAI and which had been finalised and vide letters dated 4th October, 2006 and 15