GMR’s DIAL moves SC against HC order asking GM Rao to vacate Pushpanjali Farms

GMR-led Delhi International Airport (DIAL) on Monday moved the Supreme Court against last week’s Delhi High Court judgment that directed GM Rao, chairman of GMR group that owns DIAL, to vacate his residential premises and hand over the 2.45 acre Pushpanjali Farms to Onkar Infotech, the present owners.

Rejecting the contention of the Delhi International Airport (DIAL) that Onkar’s eviction suit was not maintainable, the HC had last week said that “the land in question which is being used only for the residential purpose of CMD of DIAL will not come under the definition of Delhi Land Reforms Act, 1954 as the same is not being used for agricultural or horticultural purposes. The lease being unregistered cannot be an evidence for ascertaining the time period of the lease. The defendants (DIAL and CMD) were month-to-month tenants and the lease deed stood terminated vide Notice on August 7, 2024.”

In 2020, Indus Sor Urja (the erstwhile owner) had executed an unregistered agreement with DIAL and the Airports Authority of India, for the lease of the land on Pushpanjali Farms. In 2024, Onkar Infotech and Indus executed a registered sale deed on consideration of Rs 115 crore and became the owner of the Pushpanjali Farms property and all rights, title, and interest of Indus were transferred to Onkar.

Last year, Onkar issued a 15-day notice for termination of the lease of DIAL and sought vacant and peaceful possession of the premises as the lease stood terminated and DIAL and the Rao were in unlawful occupation of the premises.

However, DIAL opposed the termination, saying premises of the Pushpanjali property was used for the purpose of residency and the remaining balance was agricultural land. In the absence of any demarcation, it cannot be said that the entire land is outside the ambit of the application of the Delhi Land Reforms Act, 1954, it contended.

The GMR-led JV further stated that the earlier lease deed with Indus was unregistered as they were in active negotiations for purchase of the property and a substantial amount of money had been spent for making the property fit for its chief.