The Supreme Court stayed a Delhi HC order evicting DIAL and GMR Group from the Pushpanjali Farms property housing GMR’s CMD. The case will be heard on October 29.
New Delhi: The Supreme Court of India on Wednesday put a hold on a Delhi High Court order that had directed the eviction of Delhi International Airport Limited (DIAL) and companies of the GMR Group from a large farmhouse property at Pushpanjali Farms in Delhi.
The property is being used as the residence of the GMR Group’s Chairman and Managing Director (CMD).
The matter came up before a Bench of Justices Aravind Kumar and NV Anjaria, which granted interim protection to DIAL and GMR entities.
The judges observed,
“Issue notice. Stay. List on October 29.”
Senior advocates Abhishek Manu Singhvi and Mukul Rohatgi, who represented DIAL, argued that the Delhi High Court had wrongly delivered a summary judgment in this case. They pointed out that there were several issues that required a proper trial and not a rushed decision.
According to them, there were at least seven legal points that needed to be examined. They further stated that the application seeking summary judgment before the High Court had been moved at a stage when arguments were being heard for an interim injunction, making it unfair to the defendants.
On the other side, senior advocates PS Patwalia and C Aryama Sundaram opposed this stand. They told the Court that after the ownership of the farmhouse changed hands, the new landlord wanted to live in the property himself and therefore had every right to ask the current occupants to vacate.
The farmhouse in question, known as Bijwasan, is spread over 3.81 acres and includes a main residence of about 30,000 square feet, along with an outhouse, well-maintained lawns and a swimming pool.
Out of the total area, 2.45 acres with the main house were leased out to DIAL and its group companies. The initial monthly rent was fixed at Rs 39.67 lakh plus GST, which was later revised upwards to around Rs 45.62 lakh.
Originally, the lease had been signed with Indus Sor Urja, the previous owner. The lease named three GMR group companies as lessees, and later a fourth affiliate company began paying the rent.
When the property was sold to Onkar Infotech, DIAL acknowledged the change of ownership, deposited an updated security amount of Rs 2.72 crore, and even sought the new bank details so that rent could be paid to Onkar.
However, Onkar Infotech took a very different position. It argued that since the lease deed was not registered, it had no legal validity, and therefore the occupants could only be treated as month-to-month tenants.
In July 2024, Onkar issued a termination notice to DIAL and refused to accept further rent payments.
The GMR companies contested this stance. They said the land was classified as agricultural and therefore came under the Delhi Land Reforms Act (DLR Act). Under that law, civil courts do not have the power to handle eviction cases.
They also argued that there were written communications confirming that the lease had been extended until 2028. Further, they questioned Onkar’s legal status as a “bhumidhar” (landholder) in official revenue records.
The Delhi High Court, however, did not accept these arguments. It held that because the lease was not registered, it could not be used to prove either the duration of tenancy or its alleged extensions.
The High Court further decided that the DLR Act did not apply to this case since the farmhouse was being used entirely for residential and non-agricultural purposes.
Concluding that the defendants had no valid defence, the Court said there was no need for a trial and dismissed their application seeking rejection of the plaint.
This High Court ruling led DIAL and the GMR group to file the present appeal before the Supreme Court, which has now granted them interim relief by staying the eviction order until the matter is heard again on October 29.
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