Delhi High Court Refuses To Disturb Allotment Of Land To Political Parties Which Was Initially Allotted To Airport Authority Of India

The Delhi High Court has refused to disturb the allotment of a land measuring 2.0524 acres in city's Vasant Vihar area to three political parties, for construction of their party offices, which was earlier allotted to the Airports Authority of India (AAI) but was later cancelled in 2002 by the Union Government.

A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta observed that since the land had already been allotted to the political parties- Samajwadi Party, Janta Dal United and Mizo Peace Foundation, the clock cannot be put back on the same.

“The allotment in favour 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,” the Court said.

The Bench was dealing with AAI's appeal filed in 2016 in respect of the land in question. The land was allotted to AAI for construction of 120 dwelling units for its officials in the form of a residential complex.

The said allotment was cancelled by the Centre prior to the commencement of the construction of the dwelling units. It was AAI's case that no reason was given for the cancellation. The matter was not resolved despite AAI approaching the Directorate General of Civil Aviation and the Committee on Disputes which was formed by the Government.

During the appeal, portions of the land were allotted to the political parties who made their respective constructions. The same were opposed by AAI but the construction proceeded under various judicial orders. AAI rescinded from the allotment of an alternate land.

The Bench observed that much water had flown since the cancellation of the allotment of Vasant Vihar land and the three political parties having already been allotted land for their party offices cannot be disturbed now as the writ petition filed by the AAI had already been dismissed by the single judge.

“The AAI being a statutory authority, under Section 13 of the Airport Authority of India Act, 1994, 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,” the Court said.

Observing that AAI's prayer for re-allotment of the Vasant Vihar land cannot be acceded to, the Court said that the political parties shall continue to retain their allotments as per the respective allotment conditions.

The Court said that the allotment of alternate land to AAI was a reasonable and a viable proposition which was repeatedly considered by the Union Government but the same had not been fructified.

The Bench ordered that a meeting be held at a high level between the Secretary of Union Ministry of Urban Development, Secretary of Union Ministry of Civil Aviation and the Chairman of AAI, on or before April 15.

“If the alternate land is not a feasible proposition then the flats constructed by the NBCC can be considered for allotment, as per AAI's requirement, on payment of discounted charges by the AAI of 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,” the Court said.

The matter will now be heard on May 01.

Title: AIRPORTS AUTHORITY OF INDIA v. UNION OF INDIA & ORS

Citation: 2025 LiveLaw (Del) 360

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