HC stays eviction of Delhi Flying Club till Mar 19

The Delhi High Court today said that an eviction order passed against the prestigious Delhi Flying Club (DFC) directing it to move out of the Safdarjung Airport here be not enforced till March 19, and sought replies from the Centre and the Airports Authority of India (AAI) on the issue. "You (the authorities) file your reply, whether they (DFC) are entitled for injunction or not.

Meanwhile, I am not saying anything, but do not take any precipitative action against the club," Justice Rajiv Shakdher said. The court issued notices to the authorities seeking their reply to the plea of the DFC, which was established in 1928, against the eviction notice issued by the AAI. The court has now fixed the matter for further hearing on March 19. Senior advocate Sidharth Luthra, appearing for the club, moved the high court after the Supreme Court granted them interim protection of two weeks against an eviction order and had asked it to assail the order before the appropriate forum. The club sought interim protection from the eviction till the Airport Appellate Tribunal is made functional. It submitted that since there is no appellate tribunal, therefore, it has moved the high court. To which, the court posed a query to the club whether it can give them the relief in the absence of the tribunal. Former prime minister Rajiv Gandhi, former Orissa chief minister Biju Patnaik and former air chief marshal and Padma Vibhushan awardee P C Lal were some of the alumni of the Delhi Flying Club. The club had submitted before the apex court that it had licence for operation from Director General of Civil Aviation till 2020 but the rent was enhanced by the AAI. The DFC challenged the order of Delhi High Court of February 2 in the apex court, in which it has been held that the AAI was clearly the competent authority to determine the amount of rent and collect any dues, and its decision to pursue recovery of dues is valid. The high court had said the DFC had a right to challenge the eviction order in the appropriate forum and had given four weeks time to assail it. On October 9, 2012, the civil aviation ministry had requested the AAI chairman to keep DFC's dues in abeyance until the government formulated a policy with respect to private flying clubs. On November 19, 2012, the AAI had issued a letter to its airport directors informing them that dues from Category 1 flying clubs which include DFC would be kept in abeyance until further notice. Subsequently, in January 2017, the AAI had made a demand that the DFC clear its dues and a show cause notice was issued on by the eviction officer. The flying club had challenged the eviction notice before the high court which had directed it to assail it before appropriate authority.

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