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Delhi HC Upholds Eviction Order To Aero Club Of India

Live Law News Network
11 July 2017 3:06 PM GMT
Delhi HC Upholds Eviction Order To Aero Club Of India
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The Delhi High Court has asked Aero Club of India, the apex body of all flying clubs in India to be in unauthorised occupation of a land it was granted 30 years ago near the Safdarjung Airport.

Justice Vibhu Bakhru upheld the eviction order dated June 16 passed by the officer concerned of the Airpoort Authority of India holding the club to be in unauthorized occupation of a property measuring 1616 sq. mts. near the Safdarjung Airport.

Aero Club of India is an apex body of all Flying Clubs, Gliding Clubs and other aero sports organizations in India.

The land in the instant case was allotted to to it by the Centre in 1984 for a period of 30 years. It was then granted a licence to occupy the subject land at a licence fee of ₹1 per annum.

The licence expired in September, 2013 after which the club made a request for renewal.

On expiry of the licence period, the Club sent a cheque for ₹30 as licence fee for the period of 30 years. However, the same was not accepted by AAI and the cheque was returned. Its request for renewal of licence was not granted.

“this Court is unable to accept that the decision of AAI or the Eviction Officer to evict the petitioner - as an unauthorized occupant - from the subject land for the purposes of using the same subject land for their own purposes is either arbitrary, unreasonable or deviates from the obligation of the state authority to act in public interest,” the high court said.

The court junked the contention of the Club that it has a legitimate expectation to continue to occupy the subject.

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