TMI Blog2018 (12) TMI 1731X X X X Extracts X X X X X X X X Extracts X X X X ..... w the impugned order is vitiated by mala fide or what is the bias. It is not spelt out as to what is the oblique motive in passing of the impugned order - the allegations of mala fide are preposterous and no note of these allegations is required to be taken. In the instant case, the allegations of mala fide levelled by petitioners are bald and unspecific and so, no notice of these allegations is taken. The 'subject premises' was leased out to legendary AJL for its publication, but the dominant purpose is now practically lost. This Court is constrained to observe that major portion of the 'subject premises' has been rented out and petitioners' newspaper, which was to be housed originally in the basement and ground floor, has now been shifted on the top floor with hardly any 'press activity' - Though in the instant case, beneficial interest of petitioner-AJL is not technically transferred by way of sale/mortgage/gift, but it falls under the last category of 'or otherwise', as by the afore-noted novel modus operandi, AJL has been taken over by Young Indian Company for all practical purposes. This Court is conscious of the fact that Young Indian C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of 7th January, 2013 had permitted the use of basement and any one floor of the building for the Press and offices of the lessee and remaining four floors of the building could be let out to commercial concerns as Office Accommodation. When it came to the notice of respondent that no Press is functioning in the 'subject premises' for years and it was being used mainly for commercial purposes through sub-letting to various organizations, the Technical Team of Land and Development Office (for short 'L DO') inspected the 'subject premises' and did not find any press activity in the entire building and also that the basement of the 'subject premises' was lying vacant and the ground floor as well as the first floor was let out to Passport Office, whereas second and third floors were let out to Tata Consultancy Agency and fourth floor was being used by petitioner/lessee-AJL. The 'Breach Notice' was sent by respondent to petitioners on 5th October, 2016 and according to respondent, it was not replied to. To confirm the present status of the 'subject premises', a Three Member Team constituted by respondent had inspected the 'subject pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granted two weeks' time to hand over the physical possession of the 'subject premises' to respondent, failing which respondent was to take possession of the 'subject premises' on 15th November, 2018. It is made clear in the impugned order that if possession of the 'subject premises' is not handed over by petitioners to respondent, then action under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as 'the PP Act') for eviction of petitioners shall be initiated, in addition to recovery of government dues on account of misuse and damage charges. 3. Challenge to impugned order/Notice (Annexure P-1) by learned senior counsel for petitioners is on the ground that it has been issued without any application of mind and is arbitrary, mala fide, motivated and has been issued with ulterior political motives. It was pointed out by learned senior counsel for petitioners that in the Show-Cause Notice of 18th June, 2018, there is no whisper of 'Printing Press' being not operational in the 'subject premises'. It was submitted that first inspection of the 'subject premises' was carried o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs' printing Press was not functional during the years 2008-2016, no ShowCause Notice was issued to petitioners and the issuance of Show-Cause Notice, when the printing activity has been re-launched by petitioners, is malicious and is vitiated by mala fides. It is asserted on behalf of petitioners that at no point of time, the basement of 'subject premises' was put to any other use than running of newspapers. It was pointed out that a photocopy shop, i.e. Akash Gift Gallery, is there in the 'subject premises' to serve and cater the tenants of petitioners and that prior to issuance of Show-Cause Notice, a suit for eviction has been filed against the said tenant-Akash Gift Gallery, which is pending. According to learned senior counsel for petitioners, no rent is being paid by the tenant-Akash Gift Gallery, which is occupying a small space of 84 sq.ft.. So far as unauthorized construction of 1010.03 sq.ft. in the 'subject premises' is concerned, it was pointed out that a 'Panel Room' has been constructed in accordance with the 'Unified Building Bye-Laws for Delhi' and 'Model Building Bye-Laws, 2016' issued by the Ministry of Urban D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovember, 2018, but the news about it was published in the National Newspaper in the morning of 1st November, 2018 itself. 8. It was emphatically submitted by learned senior counsel for petitioners that the provisions of the PP Act cannot be invoked against petitioners by resorting to summary proceedings as the impugned order is vitiated by extraneous factors. Reliance was placed upon Supreme Court's decision in Express Newspapers Pvt. Ltd. and Others vs. Union of India and Others, (1986) 1 SCC 133 to submit that the provisions of the PP Act cannot be invoked to evict petitioners from the 'subject premises', as the 'subject premises' cannot be regarded as 'public premises' and that the remedy, if any, is to file a suit, provided breach of terms of the LeaseDeed is established. It is maintained on behalf of petitioners that since the newspaper is being published by petitioners prior to the issuance of Show-Cause Notice, therefore, impugned order cannot be sustained and is liable to be quashed. In support of above submissions, reliance is placed by learned senior counsel for petitioners upon decisions in Ashoka Marketing Ltd. and Another v. Punja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stituting Young Indian in place of AICC/Indian National Congress as the entity entitled to recover the debt and by 'Deed of Assignment' of December, 2010, right to recover the debt of ₹ 90 crores was illegally assigned to Young Indian for a consideration of just ₹ 50 lacs and by virtue of Young Indian taking over AJL, the entire control of AJL now vests with Smt. Sonia Gandhi, Sh. Rahul Gandhi, Sh. Motilal Vohra and Sh. Oscar Fernandez and that in the year 2011, Young Indian had acquired beneficial interest in AJL's property worth ₹ 413 crores. According to learned Solicitor General of India, the printing activity of AJL is taking place in Noida since the year 2017-18 and the presence of petitioners' newspaper in the country is insignificant. According to learned Solicitor General of India, transfer of 99% shares of petitioner-AJL to another company-Young Indian violates Clause III(13) of the Lease-Deed, which justifies cancellation of allotment and resumption of 'subject premises'. 11. With much vehemence, it was submitted by learned Solicitor General of India that petitioners had ceased to use the 'subject premises' for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13. A Constitution Bench of Supreme Court in Ashoka Marketing Ltd. (supra) has clearly reiterated that Public Premises under the PP Act means any premises belonging to, or taken on lease or requisitioned by, or on behalf of, the Central Government, and includes any such premises which have been placed by that government, whether before or after the commencement of the Public Premises (Eviction of Unauthorized Occupants) Amendment Act, 1980. 14. A Division Bench of this Court in Escorts Heart Institute (supra), Ambitious Gold Nim Manufacturi (supra) and other several Single Bench decisions of this Court, as referred to above, has ruled that correctness or otherwise of the allegations regarding determination of a Lease has to be decided by the concerned authority under the PP Act. 15. Since the aspect of mala fide is vehemently raised on behalf of petitioners, therefore, this Court had heard both the sides not only on the mala fide aspect, but also on merits and thereafter, I find that the issue of mala fide is to be first addressed. Supreme Court in Indian Railway Construction Co. Ltd. v. Ajay Kumar, (2003) 4 SCC 579 has reiterated that the burden of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... loyees working at 4th floor are associated with this weekly only and working as content writers. The visiting team was also made available the Newspapers since it started being published against on 24.9.2017. When enquired if the paper was not being published before 24.9.2017, it was also informed that the publishing of Weekly was earlier stopped and employees were given VRS due to poor financial condition of the company. As there was no printing activity seen anywhere in the entire premises, it is prima-facie observed that the terms conditions of the lease agreement are not being fully adhered to. 17. Publication of a newspaper may be outsourced to Noida or elsewhere, but the essential 'press activity' of the editorial team was not discernible when the inspection of the subject premises was done in the presence of the Chairman of AJL. It is easier to assert that inspection of the subject premises was done at the back of petitioners, but the substance of the inspection report is not effectively refuted by petitioners. Strangely, petitioners have not cared to disclose as to what is the volume of the publication of their newspaper. What has been disclosed is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the last category of 'or otherwise', as by the afore-noted novel modus operandi, AJL has been taken over by Young Indian Company for all practical purposes. This Court is conscious of the fact that Young Indian Company is a charitable company, but modus operandi to acquire 99% of AJL's shares speaks volumes. The manner in which it has been done is also questionable. 21. In view of afore-noted peculiarity of this case, the decisions relied upon by petitioners are of no avail to take a contrary view. Since the dominant purpose for which the 'subject premises' was leased out to petitioners no longer exists, therefore, rectification of the alterations made for the Panel Room on the ground floor, purportedly, in conformity with the United Building Bye-Laws for Delhi, is also inconsequential, as the main purpose for which the 'subject premises' was let out to petitioners, is lost. This Court is of the considered view that by no process of reasoning, can it be said that the 'subject premises' is not liable to be proceeded against under the PP Act. In the opinion of this Court, impugned order is well reasoned and it amply justifies the re-entry ..... X X X X Extracts X X X X X X X X Extracts X X X X
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