New Delhi, Sep 10 (PTI) The Supreme Court on Wednesday stayed an order of the Delhi High Court which directed the Delhi International Airport Ltd and other GMR Group entities to vacate Pushpanjali Farms in southwest Delhi.
The farmhouse is currently being used as the residence of GMR Group Chairperson G M Rao.
A bench of Justices Aravind Kumar and N V Anjaria issued notice to Onkar Infotech and GMR Solar Energy on an appeal filed by DIAL against the high court order and posted the matter for October 29.
The September 1 high court order directed DIAL and GMR group to vacate the premises following a petition by Onkar Infotech, the owner of the property.
The erstwhile owner of the property — Indus Sor Urja Pvt. Ltd — had executed a lease deed in April 2020 in favour of GMR group and DIAL.
After the purchase of the property by Onkar Infotech, it became the new lessor.
In April 2020, 2.45 acre of the property, including the main house, were leased to DIAL and other GMR affiliates at a monthly rent of Rs 39.6 lakh, which was later revised to Rs 45.6 lakh.
In 2024, Onkar Infotech bought Pushpanjali Farms from Indus for Rs 115 crore through a registered sale deed.
Onkar Infotech demanded ownership of the property and gave a 15-day notice to end the lease.
DIAL, however, claimed Pushpanjali property to be agricultural land for which the no-objection certificate or permission was not obtained from the authorities concerned under the Delhi Lands (Restrictions on Transfer) Act, 1972 read with Delhi Land Reforms Act, 1954 for registration of the lease deed.
"The land in question, which is being used only for the residential purpose of CMD of DIAL, will not come under the definition of Delhi Land Reforms Act, 1954, as the same is not being used for agricultural or horticultural purposes," the high court held.
The unregistered lease could not be considered sufficient evidence to determine the lease period, it added while noting DIAL and Rao were effectively month-to-month tenants.
"The lease deed stood terminated vide Notice on August 7, 2024," the high court said. PTI PKS PKS AMK AMK AMK