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2016 Supreme(Del) 756

RAJIV SAHAI ENDLAW
AIRPORTS AUTHORITY OF INDIA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant : Mr. K.K. Rai, Sr. Adv. with Mr. Digvijay Rai, Mr. Syed Hassan Bin Taher and Mr. Anshul Rai, Advs.
For the Respondent: Mr. Sanjeev Narula and Mr. Ajay Kalra, Advs. for UOI. Mr. Puneet Mittal and Mr. Anurag Mangla, Advs. for R-2. Mr. Pragyan Sharma and Mr. Ravi Kant Pal, Advs. for R-4.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. The petition, (i) impugns the letter dated 11th September, 2002 of the Ministry of Urban Development (MUD) cancelling the allotment made on 2nd July, 1985 of land ad measuring 2.0524 acres at Vasant Vihar, New Delhi to the Department of Civil Aviation for construction of residential complex; (ii) seeks mandamus for restoration of the said allotment to the petitioner Airports Authority of India (AAI) as the successor of the Department of Civil Aviation; and, (iii) alternatively seeks mandamus to the respondent to allot any other site in immediate vicinity of the earlier site.

2. It is the case of the petitioner AAI:

(a) that the respondent MUD vide letter dated 2nd July, 1985 to the Director General of Civil Aviation (DGCA) allotted land measuring 2.0524 acres at Vasant Vihar, New Delhi for construction of 120 dwelling units in lieu of barracks situated in the residential area of Lodhi Estate which were in possession of DGCA;

(b) that the allotment was subject to terms and conditions as mentioned in the “Memorandum of Agreement and Perpetual Lease” and which inter alia included:

“(i) The date of allotment of the site will be the date of the letter. The






































































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