The Delhi High Court has ruled that the Municipal Corporation of Delhi (MCD) cannot include the airport zone in its proposed tender for setting up a Material Recovery Facility (MRF) in Najafgarh, holding that Delhi International Airport Limited (DIAL) is the exclusive authority for all services at the airport site, including solid waste management.
A bench of Justice Jyoti Singh, in a verdict released Monday, emphasised that DIAL is the “exclusive custodian” of the Indira Gandhi International Airport (IGIA) area — spanning terminals, air traffic control, in-flight catering facilities, and Aerocity — for both aeronautical and non-aeronautical services. The court further clarified that Aerocity forms part of IGIA’s commercial zone and therefore falls within DIAL’s jurisdiction.
The ruling came on a plea filed by DIAL challenging MCD’s November 2024 tender, which listed the airport zone as part of the “Project Area” for establishing an MRF in Najafgarh.
DIAL, represented by senior advocate Rajiv Nayyar, argued that the 4,799-acre airport site had been leased to it under the 2006 Operation, Management, and Development Agreement (OMDA) with the Airports Authority of India (AAI), which grants it exclusive rights to manage services, including waste management. Despite repeated objections, DIAL said, the MCD proceeded with the tender process and selected an agency unlawfully.
On the other hand, MCD — through senior advocates Sanjay Jain and Malvika Trivedi — contended that solid waste management is a municipal function under the Delhi Municipal Corporation Act and therefore falls solely within its domain. They argued that OMDA was a private contract that could not override statutory powers of the municipal authority.
Rejecting MCD’s claim, the court ruled that the civic body was not legally empowered to include any part of the airport site in its tender. It made final its earlier interim order of December 12, 2024, which restrained MCD from processing the tender insofar as the airport zone was concerned.
Quoting from its findings, the court said:
“Sections 12 and 12A of the AAI Act leave no doubt that DIAL is the exclusive custodian of the airport site inter alia to provide aeronautical and non-aeronautical services enumerated in OMDA… DIAL is carrying out the function of solid waste management at the airport site under Rule 4(7) of the 2016 Rules read with OMDA.”
The court concluded that in the absence of a specific provision in the DMC Act vesting exclusive authority over airport waste management in MCD, the tender could not lawfully extend to the airport zone.
