Jethmalani directs a review of approval to Radisson project

The Law Ministry had opined that the land came under the Airports Authority of India (AAI) and, as such, the hotel had to conform to AAI rules and by-laws. Had the land belonged to the DDA, however, it would have toconform to DDA rules and DDA permissions would have to be procured — none of this was done. So the crux of whether the Gujral government’s clearance was correct or incorrect depends on whether the land belonged to the DDA or not.

Interestingly, as early as October 1994, the DDA had written to the International Airports Authority of India — this, before its conversion to AAI — acknowledging that the land was part of the operational area of the IAAI. The DDA, at that time, also said that since the land did not belong to them, it was up to the IAAI to ensure that the hotel met all rules and regulations. This DDA letter was itself in response to the IAAI contesting a show-cause notice from the DDA which stated that the hotel was violating building norms. The DDA then changed its stand a year later, and the Radisson file was passed around between various departments and ministries for over three years. Even so, the vice-chairman of the DDA wrote to the secretary (Urban Development) last July and said thatwhile the AAI had not specifically ear-marked the Radisson hotel land in their land-use plan of 1981, it seemed fine since the overall land was under the AAI and the hotel land fell within the ceiling.

Jethmalani has also asked for re-examination of the Law Ministry’s interpretation of a circular issued by his ministry in 1977. The circular granted exemption to service agencies such as the Airport Authority of India, Railways and Ports from obtaining sanction from local bodies for “operational construction” on their land.

While the Law Ministry had felt that the hotel was part of “operational construction”, the Urban Affairs Ministry had, however, all along raised serious objections to this interpretation of the circular as it felt that this could lead to a free-for-all situation as all service agencies would begin acting as parallel local bodies.