The Delhi High Court today directed de-sealing of the prestigious Delhi Flying Club (DFC) and asked the management to take out its articles and complete the winding-up process of the premises at the Safdarjung Airport in two months.
The court made it clear that now the premises would be used by the DFC, which was established in 1928 with an aim of training young men and women as aviators in India, only for the winding-up process and it will not take any fresh booking for events.
Former prime minister Rajiv Gandhi, ex-Odisha 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.
Justice Rajiv Shakdher issued the direction after the counsel for the club said it was ready to withdraw the petition challenging eviction notice by the Airport Authority of India (AAI).
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.
The club had said since there was no appellate tribunal, it has moved the high court.
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The court said the club will be de-sealed with effect from April 26 and it will give the physical possession of the premises to the AAI on or before June 26.
It said the direction that the premises will be used only for winding -up process was being issued so that third parties are not troubled because of the litigation between the DFC and the AAI.
The club authorities have been asked by the court to submit in five days the list of booking which has already been made by them and if any money would be received from the existing bookings, it will be put to a designated account to be used for disbursing salaries and other benefits to employees and meet other business expenses.
The club authorities will ensure that all articles, stocks and assets are removed on or before June 26, the court said.
During the hearing, advocate Raghavendra M Bajaj, appearing for the DFC, said they were ready to vacate the premises, provided a period of eight weeks is granted for that purpose.
He said they be given time to wind up the process and undertook that the premises will be used only for this purpose.
Advocate Digvijay Rai, appearing for the AAI, said they have already taken the physical possession of the premises and cannot give access to them to the entire property but were ready to allow them to take out the articles.
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 club had submitted before the apex court that it had licence for operation from the Director General of Civil Aviation till 2020 but the rent was enhanced by the AAI.
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.
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