 "Non-adversarial tax regime ahead")
Delhi High Court today said that any eviction order passed against Delhi Flying Club (DFC) directing it to move out of Safdarjung Airport here be not enforced for four weeks.
A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal said the period of four weeks would start from today and issued notice to the Centre and AAI seeking their reply to the appeals of the flying club and Aero Club of India Pvt Ltd (ACIPL) against a single judge order.
The single judge had last month dismissed their pleas challenging the Airport Authority of India's (AAI) eviction order, directives regarding licence fee and show-cause notices issued to DFC for non-payment of licence fee dues of over Rs 8.3 crore.
In their appeal they have contended that the Aviation Ministry by a letter of October 9, 2012 had asked AAI to not enforce the authority's 2007 decision to hike licence fees till a policy is formulated by the government regarding who would be eligible for nominal licence fees.
Senior advocate Kapil Sibal, appearing for the two clubs, claimed that till date no such policy has come.
The court then asked the Centre, represented by Additional Solicitor General (ASG) Sanjay Jain, whether any such policy has been framed and listed the matter for further hearing on August 31.
The ASG, during the hearing, contended that the Safdarjung Airport is a high security zone where the flying club can no longer be allowed to operate as the government has some plans for the area which cannot be disclosed in the court.
He also said that eviction proceedings under Public Premises Act was going on against the clubs and if any final order is passed, they have two weeks' time to challenge it.
Sibal, however, contended that DFC is a non-commercial entity and giving flying lessons to students at low rates.
He said fresh students have been inducted and courses are running and sought an interim order protecting them from eviction till the court decides the licence fees issue.
The court, thereafter, directed the clubs to participate in the eviction proceedings before the eviction officer and said "if any eviction order is passed, it shall not be given effect to for four weeks from today".
During the hearing, Sibal said AAI has been increasing
the licence fees by 10 per cent every year which DFC was not in a position to pay and thus, had sent a representation to the government which had then sent the October 2012 letter to AAI.
He said that as per a letter of November 2012, AAI had accepted the government's suggestion to keep enforcement of licence fee hike in abeyance, but had not done so.
The single judge in his order had observed that DFC was imparting training using only flight simulators and thus, it "certainly does not need such kind of valuable land and property in its occupation and qua which I as a resident of the city can say is known more now for the last at least ten years as a marriage/party venue than for its aeronautical activities".
