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Informist, Tuesday, Sept. 9, 2025

 

NEW DELHI – Delhi International Airport Ltd., GMR Airports Ltd., and GMR Energy Trading Ltd. have moved the Supreme Court against a Delhi High Court order asking the companies to hand over 2.45 acres of land in Pushpanjali Farms, New Delhi, to Onkar Infotech Pvt. Ltd. The petitioners' counsel mentioned the matter before the Supreme Court for urgent listing, to which the court agreed.

 

On Sept. 1, rejecting the contention of Delhi International Airport that the suit was not maintainable, the high court said, "This court is not inclined to accept the arguments of defendant no.1 that there is vital suppression of facts in the plaint which would persuade this court to hold that the plaint, as framed, has to be rejected under Order VII Rule 11 of the CPC(Civil Procedure Code). I.A. No. 46525/2024 is, therefore, dismissed".

 

The high court said the land in question was being used only for the residential purpose of a top official of GMR Airports and would not come under the definition of Delhi Land Reforms Act, 1954, as it was not being used for agricultural or horticultural purposes. The lease being unregistered couldn't be evidence for ascertaining the time period of the lease, the high court said. The petitioners were month-to-month tenants and the lease deed stood terminated in 2024, the high court noted.

 

In 2020, the erstwhile owner of the land, Indus Sor Urja Pvt. Ltd, had executed an unregistered agreement  with Delhi International Airport, a joint venture of GMR Airports Ltd. and the Airports Authority of India, for lease of the land in Pushpanjali Farms. In 2024, Onkar Infotech and Indus Sor Urja executed a registered sale deed after payment of INR 1.15 billion, stamp duty, and registration charges of about INR 90 million, whereby Onkar Infotech became the sole, absolute, and exclusive owner of the Pushpanjali Farms property and all rights, title, and interest of Indus Sor Urja were transferred to it.

 

In 2024, Onkar Infotech exercised its right to terminate the month-to-month lease of the petitioners by issuing a notice of 15 days. Onkar Infotech also called upon the petitioners to hand over the vacant and peaceful possession of the premises in view of the fact that the lease of the petitioners stood determined and they were in unlawful occupation of the premises.

 

Objecting to the termination of lease, Delhi International Airport said Onkar Infotech's suit was not maintainable as the Pushpanjali property was an agricultural land and a no-objection certificate had not been taken from the authorities concerned under the Delhi Lands (Restrictions on Transfer) Act, 1972, read with Delhi Land Reforms Act, 1954. Delhi International Airport said the earlier lease deed with Indus Sor Urja was not registered primarily because of the fact that the parties were in active negotiations for purchase of the Pushpanjali property. The petitioner said it had spent a substantial amount of money for making the property fit for accommodation for the company's top official.  

 

On Monday, shares of GMR Airports Ltd. ended 0.4% higher at INR 86.28 on the National Stock Exchange.  End

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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