Delhi High Court Rejects MCD's Challenge Against Master Plan For Aerocity, Declares It Part Of Airport

The finding was rendered after MCD contended that the Airport Site does not include Aerocity and therefore the municipal body is within its right to include Aerocity in its Tender Notice for waste management.

The Delhi International Airport Ltd. (DIAL) on the other hand, empowered by the Airports Authority of India (AAI) under a Operation Management and Development Agreement (OMDA) to manage the airport, had contended that Aerocity is part of Airport's commercial zone reflected at Serial No. 13 of Master Plan, 2016.

On a careful examination of the documents and relevant provisions, Justice Jyoti Singh held,

“Demonstrably, Aerocity is a part of IGIA's Commercial Zone…there is judicial recognition of the fact that Aerocity is a part of Airport Site…The Master Plan for Airport Site constitutes a land parcel of 4799 acres and includes airport terminals, cargo terminals, administrative buildings, kitchen and Aerocity etc.”

Significant to note that MCD had attempted to cast doubt on the veracity of the Master Plan for Aerocity on the ground that it is not vetted by any Local Body.

The High Court however found this submission to be incorrect. It observed,

“Through OMDA, AAI has empowered DIAL to prepare the Master Plan for Airport Site and indisputably, after the Plan was prepared the same was approved by AAI and DUAC (Delhi Urban Arts Commission).”

It added that the Master Plan requires no approval from MCD.

“In any event, MCD has placed no material on record to show that any objection has been raised by DDA or any other agency over the last many years with respect to this Master Plan of Aerocity,” the Court added.

Coming to the municipal functions of Aerocity, the High Court said that DIAL, being the custodian of the Airport Site, has been managing all facilities in Aerocity, such as maintenance of internal roads, street lighting, horticulture, building construction approvals etc., including solid waste management and MCD was not involved in these activities.

“DIAL has demonstrated through documents…that environment clearances/permissions have been given by State Level Environment Assessment Authority, Delhi office of Delhi Pollution Control Committee to the project proponents for hotels at the Aerocity, with a pre-condition that DIAL will examine the feasibility of setting up of common solid waste collection facility for future projects in the Aerocity and convert the same into biogas/energy as also set up an Environment Management Cell. There is thus merit in the submission of DIAL that Aerocity is a part of Airport Site and significantly, MCD has not placed any material to dent this position,” the Court said and quashed the impugned Tender Notice to the extent it included Aerocity/ Airport Zone.

Also read: Solid Waste Management At Delhi Airport Not Under Purview Of MCD: High Court

Appearance: Mr. Rajiv Nayar, Senior Advocate with Ms. Anuradha Dutt, Mr. Anish Kapur, Ms. Suman Yadav, Mr. Raghav Dutt and Mr. Gurudas Khurana, Advocates for Petitioner; Mr. Sanjay Jain and Ms. Malvika Trivedi, Senior Advocates with Mr. Tushar Sannu, Standing Counsel, Mr. Priyankar Tiwari, Mr. Shivam, Ms. Palak Jain, Mr. Nishank Tripathi and Mr. Shailendra Salaria, Advocates for Respondent/ MCD along with Mr. Sang Priya Shakya and Mr. Ravi, Ex. Engineer. Mr. Kaushal Kapoor, Advocate for applicant

Case title: Delhi International Airport Ltd v. Municipal Corporation Of Delhi

Citation: 2025 LiveLaw (Del) 1150

Case no.: W.P.(C) 17894/2024

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