The Supreme Court today granted interim protection of two weeks to the prestigious Delhi Flying Club against an eviction order and asked it to assail the order before the appropriate forum.
The top court said the appropriate authority will be at liberty to pass appropriate orders in accordance with law on the eviction notice issued to the Flying Club which was established in 1928.
Former Prime Minister Rajiv Gandhi, former Orissa Chief Minister Biju Patnaik and former Air Chief Marshal and Padma Vibhushan awardee P C Lal were some of the alumni of the prestigious Delhi Flying Club which was launched by .
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and DY Chandrachud considered the submissions of the Club that some time should be given to it to assail the order.
Senior advocate Kapil Sibal and advocate Gaurav Agarwal said that they had licence for operation from Director General of Civil Aviation till 2020 but the rents were enhanced by the Airports Authority of India (AAI).
Sibal said status quo should be ordered till then as the four weeks time granted by the Delhi High Court on February 2, will expire in the first week of March, when the top court will have holidays.
"Keeping in view the restricted prayer, we grant two weeks' time to assail the order of eviction. Status quo, existing as on today, shall be maintained for two weeks. Be it noted, the appropriate authority will be at liberty to pass appropriate order in accordance with law, and shall not be influenced by our interim protection," the bench said.
The Delhi Flying Club has challenged the order of Delhi High Court of February 2, 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 high court had said the Flying Club had a right to challenge the eviction order in the appropriate forum and had given for weeks time to assail it.
On October 9, 2012, the Ministry of Civil Aviation had requested the Chairman, AAI to keep Delhi Flying Club'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 Delhi Flying Club would be kept in abeyance until further notice.
Subsequently, on August 5, 2015, the AAI had made a demand that the Delhi Flying Club clear its dues and a show cause notice was issued on November 20, 2015, 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.
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