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TMI Blog1985 (10) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... the Chairman of the Board of Directors. Petitioner no.4 Nihal Singh was the then Editor-in-chief of the Indian Express and petitioner no.5 Romesh Thapar was the Editor of the Seminar published from the Express Buildings. Respondent no.1 is the Union of India, no.2 is Jagmohan, Lt. Governor of Delhi, no.3 the Municipal Corporation of Delhi, no.4 the Zonal Engineer (Buildings), no.5 the Land Development Officer, etc. The petitioners challenge the constitutional validity of a notice of re-entry upon forfeiture of lease issued by the Engineer Officer, Land Development Office, New Delhi dated March 10, 1980 purporting to be on behalf of the lessor i.e.. the Government of India, Ministry of Works Housing, New Delhi. The said notice required petitioner no.1, the Express Newspapers Pvt ., New Delhi to show cause why the Union of India should not re-enter upon and take possession of the demised premises i.e. plots nos. 9 and 10, Bahadurshah Zafar Marg together with the Express Buildings built thereon under cl.5 of the aforesaid indenture of lease dated March 17, 1958 for the alleged breach of cls. 2(14 and 2(5) of the lease-deed. They also challenge the validity of an earlier noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess for publication of a Hindi Newspaper on the western portion of the demised premises i.e. plots nos. 9 and 10, Bahadurshah Zafar Marg, New Delhi with the Express Buildings built thereon. The Lt. Governor asserts that he has the power and authority to administer the properties the Union of India in the Union Territory of Delhi. The further question is whether the grant of sanction by the then Minister for Works Housing and the consequential sanction of building plans by him of the new Express Building was contrary to the Master Plan and the Zonal Development Plans framed under the Delhi Development Act, 1957 and the municipal bye-laws, 1959 made under the Delhi Municipal Corporation Act, 1957 and therefore the lessor i.e. the Union of India had the power to issue a notice of re-entry upon forfeiture of lease under cl.5 of the indenture of lease dated March 17, 1958 and take possession of the demised premises together with the Express Buildings built thereon and the Municipal Corporation had the authority to direct demolition of the said buildings as unauthorized construction under ss. 343 and 344 of the Delhi Municipal Corporation Act, 1957. The ultimate question is whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CD had been separately adviced to take immediate action in regard to the unauthorized deviations made from the sanctioned plan in the construction of the new Express Building. The Lt. Governor also held out a threat at the press conference that the new Express Building might have to be demolished. The holding of the press conference was broadcast over the All India Radio within an hour and within two hours the Delhi Doordarshan telecast the same and read out the contents of the press release. It also exhibited the film both of the press conference as well as of the new Express Building. On the same day i.e. On March 1, 1980, although the relevant files had been removed from his office, the Zonal Engineer (buildings), City Zone, Municipal Corporation served a notice on petitioner no.1 the Express Newspapers Pvt. Ltd. to show cause why action should not be taken for demolition of the Express Buildings under 88. 343 and 344 of the Delhi Municipal Corporation Act, 1957. It reads as under : Number 79/B/ua/cz/80XXIII Dated 1.3.1980. You are hereby informed that on your property situated at Bahadurshah Zafar Marg bearing numbers 9 10, you have started unauthorized constructi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t no.2 before the press conference on March 1, 1980, the files of the Ministry of Works Housing were summoned by him in the first week of March 1980. It is admitted by the Ministry of Works Housing that the said files were made available to respondent no.2 on March 7, 1980. On March 7, 1980, the Land Development Officer acting as part of the overall plan of respondent no.2 issued a notice of re-entry upon forfeiture of the lease signed by the Engineer Officer in the Land Development Officer under the Ministry of Works Housing purporting to act for and on behalf of the President of India under clause XIX of the agreement of lease alleging that there were breaches in contravention of cl. (11) of the agreement for lease dated May 26, 1954. This notice was later withdrawn because it was realized that forfeiture of the lease had to be with reference to the registered indenture of lease dated March 17, 1958 and not under cl. XIX of the agreement for lease of 1954. On March 10,1980, the Engineer Officer in the Land Development Office issued a notice in supersession of the said notice dated March 7, 1980 in these terms : Regd.A.D. No. L.II 10(2)/76 Government of India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mind by the Engineer Officer in issuing the show cause notice. The recital of these events clearly shows that respondent no.2 displayed great zeal in causing a probe into the manner in which sanction was granted by the then Minister for Works Housing for the construction of the new Express building with an increased FAR of 360 with a double basement for installation of a printing press and the entire administration was geared into action with lightning speed 80 as to ensure that some action or other was taken against the Express Newspapers Pvt. Ltd. This is evident from the fact, for instance, that he gave the Three-Member Committee only three days to examine questions which, if they were properly scrutinized, would require inspection of the records from the year 1949 onwards of at least six agencies viz. Ministry of Works Housing, Land Development Office in the Ministry of Works Housing, New Delhi Municipal Committee, Municipal Corporation of Delhi, Delhi Water supply and Sewage Disposal Undertaking and the Union of India. He not only constituted a committee of subordinates to go into the affairs of the Union of India, Ministry of Works Housing but also procured the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tally, the Central Government had in the year 1949 demarcated the press area along the Bahadurshah Zafar Marg consisting of 10 plots nos. 1 to 10 known as the Press Enclave as a commercial complex for allotment to the press viz. to various newspapers like the Indian Express, h Times of India, Patriot, National Herald etc. These other newspapers like the Times of India, Patriot, National Herald were also granted similar plots on the same conditions and were allowed to build on the entire area of their respective plots without any restrictions whatsoever. The petitioners case is that the Express Newspapers Pvt. Ltd. was first allotted plots no.1 and 2 but later at the request of Pandit Jawaharlal Nehru, the Prime Minister of India, it accepted instead plots nos. 9 and 10 as the Government required plots nos. 1 and 2 for construction of the Gandhi Memorial Hall known as the Pearey Lal Bhawan. Preliminary work of construction of the Express Buildings : Discovery of underground sewer line: Execution of fresh lease agreement dated November 19,1957. While the preliminary work of construction was started by the Express Newspapers Pvt. Ltd. On the basis of the aforesaid agreement, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s had been issued to the Chief Commissioner of Delhi in that behalf with a request that the Express Newspapers Pvt. Ltd. should get in touch with the Land Development Office, New Delhi for taking k possession of the land. It would appear from the letter that the Ministry of Works Housing permitted the Express Newspapers Pvt. Ltd. to construct on plots nos. 9 and 10 to the east of the sewer line with a corresponding reduction in the amount of premium and ground rent for the area west of the sewer line as compared to the amount chargeable to the area east of the sewer line. Execution of the indenture of lease dated March 17, 1958 and the terms thereof. By a registered indenture of lease dated March 17, 1958 executed between the President of India of the one part and the Express Newspapers Pvt. Ltd. Of the other part, the Chief Commissioner of Delhi 'under the instruction of the Government of India relating to the disposal of building sites in the new Capital of India' demised on behalf of the Union of India in perpetuity the nazul land described therein in consideration of payment of a premium of ₹ 96,955 admeasuring 1.179 acres of thereabout being plots nos. 9, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otal accommodation of 1,50,000 (one ant a half lac) sq.ft. in the said Express Newspaper Building for general office use commercial or otherwise, excluding commercial ventures like hotel, cinema, restaurant etc. and subject to the other provisions and conditions mentioned in clause 7 of the said lease. Provided further that the lessee shall all along continue to use at least 50,000 (fifty thousand) sq.feet of the accommodation in the said Express Newspaper Building for the use of press/presses, office/offices of its newspaper, publications and other ventures. And that : And this indenture further witnesseth that in consideration of the premises, the lessee doth hereby covenant to the that the lessee will pay an additional ground rent of ₹ 5746.88p. per annum as and from the 15th day of January 1960 over and above the ground rent reserved under the said principal lease to be paid by equal half-yearly payments from the 15th day of July each year as provided in the said principal lease-deed. The effect was that the lessor i.e. the Union of India, M of Works Housing permitted permanent change of user of the existing Express Building by the Express Newspapers Pvt. Lt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yed Express Building on the entire area of plots nos. 9 and 10. They continued to recognize the right of the Express Newspapers Pvt. Ltd. to revert to the terms and conditions thereof as soon as the obstacle to further construction thereto that had been discovered, unknown to the parties that there was an underground sewage drain running through plots nos. 9 and 10 diagonally, was removed. In particular, they continued to recognize the right of the petitioners to build on the land kept as open space to the west of the sewer line, once the drain was diverted. This would be evident from the two facts : 1. The Union of India being the lessor left with the Express Newspapers Pvt. Ltd. the area to the west of the drain on a reduced premium because it had to be kept as an open space for protection of the drain. And 2. While nazul plots that are to be left open are valued at ₹ 4840 per acre and ground rent is assessed accordingly, the area to the west of the drain was assessed at ₹ 36,000 per acre implying thereby that it was not an area to be kept vacant in perpetuity. Constitutional Instruments relating to property of the Union in the Union Territory of Delhi. On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of Government lands in Delhi and the administration of the Land Development Office were exclusively vested in the Ministry of Works, Housing and Supply, later the Ministry of Works Housing Under Art. 299(1) of the constitution, the President issued a notification No. GSR 585 dated February 1, 1966 supersession of the earlier notification no. 1161 dated December 1, 1958. The Land Development Officer under Entry XXI, Item 7 was authorized to execute contracts assurance of property relating to matters falling within the jurisdiction of the Land Development Office. The relevant Entry reads : 7. In the case of Land Development Office : (i) All contracts and assurances of property relating to matters falling within the jurisdiction of Land Development Officer; (ii) all contracts, deeds and other instruments relating to or for the purpose of enforcement of the terms and conditions of the sale/lease-deeds of the Government Built Property in Delhi/New Delhi; (iii) auctioneering agreements, bonds of auctioneers and security bonds for the due performance of works by the auctioneers- However, by an overriding provisions contained in Entry XII, it was laid down that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prepared by the Delhi Development Authority under s.7 of the Delhi Development Act. The Master Plan makes specific regulations for commercial areas and especially for already built-up commercial areas i.e. walled city of Old Delhi. But the press area on the Mathura Road Commercial Complex although specified as a commercial area is not listed in the list of already built-up commercial areas which relate to the walled city of Old Delhi. On November 26, 1956 the Central Government approved the Zonal Development Plan for D-II area prepared by the Delhi Development Authority under 8.8 of the Act within which the press plots are located. It provided for an FAR of 400 for the press area in the Bahadurshah Zafar Marg. The material on record discloses that the construction of the new Express Building with an incresed FAR of 360 with a double basement was in conformity with cls. 2(5) and 2(14) of the perpetual lease-deed dated March 17, 1958 inasmuch as it was with the express sanction of the lessor i.e. the Union of India. It is also quite clear that Sikander Bakht, the then Minister for Works Housing was throughout guided by the officials of the Ministry particularly the Secretary, M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ermission to construct on the open space admeasuring 2740 sq.yards on the western side of plots nos 8. 9 and 10 indicating the permissible built-up area as also the terms on which the additional space could be 80 utilized. A copy of the letter was marked to the Land Development Office, Ministry of Works Housing. On November 3, 1977 the Secretary instructed the Joint Secretary to call a representative of the Express Newspapers Pvt. Ltd. and the Land Development Officer and evolve a solution. The Joint Secretary (Delhi Division) directed the Under Secretary (Land Division) to do the needful. Incidentally, the Ministry has two separate divisions, the Delhi Division and the Land Division, both working under the control of the Joint Secretary (Delhi Division). Delhi Division deals with matters pertaining to the Delhi Development Authority and Urban Development while the Land Division deals with matters relating to allotment of government lands and administration of lease. It follows that the Delhi Division was competent to deal with matters relating to construction of the new Express Building including the permissible FAR and the grant of permission to the lessor under the lease and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question was sought. A copy of the letter was endorsed to the Minister. On December 30, 1977 the Chief Engineer, Delhi Water Supply Sewage Disposal Undertaking wrote a letter to R.K. Mishra, General Manager, Indian Express stating that it would cost ₹ 2.5 lakhs to divert the sewer line and that the completion of work would take about five months after the deposit was made. This was in reply to the letter sent by Express Newspapers Pvt. Ltd. On October 12, 1977. Accordingly, the Express Newspapers Pvt. Ltd. On December 31, 1977 wrote to the Deputy Secretary, Ministry of Works Housing that the Municipal Corporation of Delhi i.e. the Delhi Water supply Sewage Disposal Undertaking had indicated that the underground drain could be shifted 80 that it would run outside the lease hold premises and therefore there should be no objection to the construction of the new Express Building, and requested the Ministry for advice on the FAR permissible for the said building. According to the note recorded by the Minister on the margin of the letter of petitioner no.3 Ram Nath Goenka dated December 7, 1977, instructions were to be issued to the Delhi Development Authority to examine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Ministry of Works Housing by letter dated February 2, 1978 conveyed to the Vice-Chairman, Delhi Development Authority the decision of the Union of India to permit the petitioners to build with an FAR of 360 as below : It has been decided that FAR in this case may be increased upto 360 so that with the extra basement area the firm would have an additional built-up area of nearly 50,000 sq.feet. You are requested to take necessary action in the matter. Copies of this letter were endorsed to the Town Country Planning Organization and Officer Inchrage, Master Plan in the Delhi Development Authority. The Additional Secretary, (Master Plan), Delhi Development Authority however maintained that the FAR permissible for the press area was only 300 with 80 ground coverage, 70 on the first floor and 50 on the second, third and fourth floors. Another letter dated March 6, 1978 was addressed by petitioner no.3, Ram Nath Goenka, to the Minister in which he reiterated the earlier request made by him for allowing the petitioners to build on 100% of the plinth area, only with the height restriction of 60 feet. It stated that the Minister had informed him that an order allowing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... precisely the stick with which the Delhi Development Authority was beaten' for its own office building i.e. Vikas Minar which far exceeded FAR 400 and Was in breach of all building bye-laws. He accordingly suggested that FAR 300 might be permitted with the condition that necessary parking facilities would have to be provided. On May 24, 1978, the Deputy Secretary recorded a note directing that further action to implement the said decision of the Minister to restrict the FAR to 300 may be taken by the Land Development Officer. On June 9, 1978, the Deputy Secretary, Delhi Development Authority informed the Vice- Chairman of the decision of the government restricting the FAR to 300- It appears that the case was revived on July 14, 1978 when Sikandar Bakht, Minister for Works Housing wanted to know after some representative of Express Newspapers Pvt. Ltd. had visited his office, if the press area and the FAR therefor were mentioned in the Master Plan and whether or not the FAR achieved for the Express Buildings was 500, it would not operate for fresh construction in the press area for which the FAR was not to exceed 300. A meeting was fixed to discuss the matter in the room ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the existing A FAR. In that case the existing building line of the adjoining plots shall have to be maintained. The basement has been excluded from the calculation of the FAR and the installation of Press Machinery like any other service machinery is permitted. The parking on the service road is permitted in the same manner as it is for other buildings in this line. However, adequate parking facility shall have to be provided in the open area which may be so planned to make usable for parking purposes. On the detailed examination of the lay-out plan, he observed that as per FAR of 360 construction was permitted on 1,84,886.07 sq.feet as against the existing FAR covering an area of 1,29,028 sq.feet i.e. the overall ground coverage now permitted was 13.81% i.e. 379 4.92 sq. feet. The petitioners were directed to submit the plans to the concerned authorities for approval. A set of plans as submitted by the petitioners and examined 'as per norms' was enclosed. On November 17, 1978, the Vice-Chairman, Delhi Development Authority addressed a letter to the Ministry of Works Housing recommending extension of FAR from 300 to 360. On November 24, 1978 the Government of India, M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary to the factual and legal provisions. The arbitrary and discriminatory initiation of executive action under the guise of alleged infraction of the terms of the lease and/or the Master Plan of Delhi and/or the municipal building bye-laws is violative of the petitioners' fundamental rights under Arts. 14, 19(1)(a) and 19(1)(g) of the Constitution. 2. The construction of the new Express Building with an increased FAR of 36 was in conformity with clause 2(5) of the perpetual lease dated March 17, 1958 inasmuch as it was with the express sanction of the lessor i.e. the Union of India. The grant of permission by Sikandar Bakht, the then Minister for Works Housing to sanction the construction of the new Express Building with an increased FAR of 360 was in accordance with the Master Plan, after M.N. Buch, Vice-Chairman, Delhi Development Authority by his order dated October 21, 1978 as one under special appeal under the Master Plan, Chapter II, Part A, Zoning Regulations, Item 13, Use Zone - C-2, at p.50 directed that plots nos. 9 and 10 at Bahadurshah Zafar Marg leased to the Express Newspapers Pvt. Ltd. should be 'amalgamated together into one plot and taking into accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcial area, it is not listed in the list of already built-up commercial areas because it relates to the walled city of Old Delhi. The zonal development plan for D-II area within which the press plots are located permitted an FAR of 400 for the press area in the Bahadurshah Zafar Marg. In short, the submission is that all that the then Minister for Works Housing did was to restore to the petitioners the right that they acquired under the perpetual lease dated March 17, 1958 i.e.. to be treated alike all other plot holders in that area and a denial of such equal terms would be opposed to the principles of equality besides being violative of Art. 14 of the Constitution. 4. The lessor i.e.. the Union of India is estopped by A the doctrine of promissory estoppel and cannot therefore go back upon all assurances given and actions taken by the previous government, particularly when the petitioners had acted upon the decisions so reached and had constructed the new Express Building with a cost of approximately ₹ 1.30 crore by February 1980 which at present would cost more than Rs.. 3 crores. In substance, the petitioners contend that where permission of the lessor i.e. the Union ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Union in the Union Territory of Delhi, and that the Lieutenant Governor is not a successor of the Chief Commissioner of Delhi. There was no notification issued by the President under Art. 239(1) of the Constitution for the conferral of any power on the Lieutenant-Governor to administer the lease in question. No doubt, by virtue of the notification issued by the President on September 7, 1966 under Art. 239(1), the Lieutenant Governor has, subject to the like control by the President, the same powers and functions as well as exercisable by the Chief Commissioner with power to administer the property of the union. There 18, admittedly, no such notification issued by the President under Art. 239(1) vesting either the Chief Commissioner of Delhi or the Lieutenant- Governor with any such power. 8. In any event, it is inconceivable that after October 1, 1959 when the administrative control over the Land Development Officer was transferred from the Delhi Administration to the Ministry of Works Housing and by virtue of a notification issued under Art. 299(1), the Secretary, Ministry of Works Housing was made the competent authority to act for the President with regard to any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t a notice of re-entry upon forfeiture of the lease as contemplated by cl. 5 and 6 of the lease-deed, based as it was on non-existent ground. Although the lease-deed permits remedy of any breach of any of the terms thereof, the opportunity to effect such a remedy has not been, and as indeed it is clear, it is not intended to be, granted to the petitioners and instead, there is a threat of re-entry upon the leasehold premises upon forfeiture of the lease. II.Respondents Case 1. Respondent No.2 Jagmohan, Lt. Governor of Delhi filed a counter on behalf of all the respondents asserting that the perpetual lease-deed dated March 18, 1958 was executed on behalf of the lessor by the Assistant Secretary to the Department of Local Self Government 'under the administrative control of the Chief Commissioner/Lt. Governor of Delhi'; that the demise land is nazul land vested in the President of India, for the management, control and disposal of which the Land 6 Development Officer in the Department of Local Self Government, was created; and that as a matter of fiscal policy, the administrative control of the Land Development Office, New Delhi was transferred from the Delhi Administrati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lations of the lease-deed by the petitioners. The show cause notice by respondent no.5 was issued in exercise of powers under cl.4 of the perpetual lease-deed dated March 17, 1958 for violation of cl. 2(5), 2(9) etc. As regards the impugned show cause notice issued by the Zonal Engineer (Building), City Zone, Municipal Corporation of Delhi, lt was asserted that the same had been issued by the Municipal Corporation of Delhi in exercise of its statutory powers under ss. 343 and 344 of the Delhi Municipal Corporation Act after verification of the allegations. 3. Respondent no.2 has sought to disown all responsibility for the issuances of two impugned show cause notices but asserted that being the Lt. Governor of Delhi, he was responsible for the administration of the Union Territory of Delhi and as such he was acting within his powers to direct all the authorities concerned to prevent violation of laws by any person or institution. He further asserted that he, as the Lt. Governor of Delhi, was fully competent to appoint the Enquiry Committee under the Commission of Inquiry Act, 1952. It was denied that the Union of India or the Lt. Governor of Delhi intended to inflict a reprisal o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een the parties were governed by the lease agreement dated May 26, 1954 which was modified and superseded by the subsequent lease agreement dated November 19, 1957, since this had also been substituted by the registered perpetual lease dated March 17, 1958 which alone, according to him, governed the relationship effectively and legally between the Union of India and the Lt. Governor of Delhi on the one hand and the Express Newspaper Pvt. Ltd. on the other. It was denied that the Deputy Secretary, Ministry of Works housing Government of India had any jurisdiction or authority to permit diversion of the sewer line as he was not authorized to represent the Central Government for the purpose of administration of the lease and, therefore, any attempt on the part of the Express Newspapers Pvt. Ltd. to rely upon the agreement of 1954 or on the subsequent agreement of 1957 to justify the action of the municipal Corporation of Delhi in shifting the sewer line beyond the leasehold permises was an exercise in futility. It was asserted that cl. 2(5) of the perpetual lease could not be availed of by the Express Newspapers Pvt. Ltd. in the absence of a permission granted by representative of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. After referring to the grant of permission by the Ministry of Works Housing and the Delhi Development Authority, respondent no.2 averred in para 89 : With reference to para 28(4) and (c) it is denied that the breach complained of was capable of remedy. As already stated, the so-called permission obtained by the petitioners did not amount to any valid permission under the terms of the perpetual lease-deed dated March 18, 1958. It is submitted that the petitioners were bound to apply to the competent authority and obtain prior approval of the lessor before commencing construction and the petitioners knew who the competent authority was The petitioners did not make any application under any of the terms of the lease-deed before co missing the breach of the lease-deed.' (Emphasis supplied) The aforesaid averments clearly bring out the stand of respondent no.2 that he alone and not the Ministry of Works , Housing was competent to act on behalf of the lessor i.e. the Union of India and this is brought out in the averment which immediately follows: It is further submitted that for any breach of clauses (3),(9) and (10) of clause 2 of the lease deed, it was for t`he Chi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... added : With reference to para 30(j), it is denied that the actions taken by the Ministry of Works Housing and the Delhi Development Authority constituted a restoration of the rights of the petitioners under the lease agreement of 1954, as the agreement of 1954 was inadmissible being non- existent and inoperative after its substitution by the agreement of 1957 as per perpetual lease-deed dated March 18, 1958, it was asserted that the petitioners could construct on the residual area of plots nos. 9 and 10 only in accordance with the terms and conditions of the lease-deed of 1958 and subject to the provisions of the Master Plan and the Municipal Bye-laws. It was asserted that the lease deed of 1958 envisaged compliance with the Municipal Bye-laws for any future constructions/additions in plots nos. 9 and 10. 8. It will be seen that the points ought to be made out by respondents no.2 in his counter- affidavit are : (a) At present the perpetual lease-deed dated March 18, 1958 governs the relationship effectively between the Union of India and the Lt. Governor on the one hand and the petitioners on the other i.e. the relations between the parties. (b) The transfer of adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 10. I am advised , to state that under the terms of the lease deed of 1958, previous consent of either the President of India or the chief Commissioner (Lt. Governor) or such officer or body as the lessor (President of India) or the chief Commissioner of Delhi authorised was necessary for building activity on the residual area of the plots (2740 sq. yards) the Ministry of Works Housing did not represent the lessor or the chief commissioner. 10. It is somewhat strange that Land Development Officer, who is the last functionary in the Ministry of Works Housing should challenge the very authority and power of the Ministry of Works Housing to administer the lease on behalf of the President of India. He has also averred in para 5 : The impugned show cause notice of 10th March 1980 was issued to the petitioners under cl. 6 of the perpetual lease for violation of sub-clauses (5) and (14) of clause 2 of the lease-deed. The Land Development Officer is not a functionary under the Ministry of Works Housing . He officer appointed on behalf of the lessor to administer the lease. At no stage the petitioners approached the office of Land Development for permission to construc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earing was resumed on November 4, 1982 of the Union of India speaking through the voice of learned counsel for respondent no.2 was more than we could permit. We sent for Shri L.N. Sinha, the learned Attorney General and he rightly objected to anyone speaking on behalf of the Union of India. We directed the learned Attorney General to appear and assist the Court. During the pendency of the proceedings, Shri Sinha demitted his office and Shri Parasaran was appointed to be the Attorney General. The Union of India engaged Shri Sinha as its counsel and he continued to represent respondent no.1. We are grateful to learned counsel for the parties who dealt with all aspects of the various constitutional issues and other questions of great public importance with their usual industry and have supplemented their arguments by filing written submissions. Learned counsel for respondent no .1 has throughout been emphatic in contending that respondent no.2 was a complete stranger to the lease and he did not represent the lessor, the Union of India. Strangely enough, Dr. Singhvi continued to appear not only for respondent no.2 the Lt.Governor but also for respondent no.5 the Land Development O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granted without even taking the trouble of amending the law of the statutory provisions, there are no mala fides, according to the writ petitioners- On the same day i.e. On November 4, 1982, we sent for Shri L.N. Sinha, the then Attorney-general and drew his attention to the averments made by respondents no. 7 in the fresh affidavit alleging that the orders passed by the then Minister for Works Housing were illegal, improper irregular. We felt that it was highly improper for respondent no.2 to have made such extreme allegations against the then Minister for Works Housing and against the previous Government in power. Accordingly, we called upon respondent no.1 Union of India to clarify its stand with regard to the following aspects: 1. The authority of respondent no.2 to make allegations of fraud , misuse of powers and misdemeanors against the functionaries of the Union of India including the Minister, Works Housing. 2. The stand of respondent no.1, Union of India, to the case of the petitioners without adopting the counter affidavit of respondent no.2. 3. The specific reply, if any, of the Union of India to the allegations of mala fides made by the petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffidavit filed by respondent no.2 be read as part and parcel of this counter-affidavit. I am advised to categorically deny any allegation of mala fides, design or animosity on the part of respondent no.1 as alleged. The respondents have also placed on record two affidavits of M.N. Buch and H.R. Ailawadi, both of whom became Vice-Chairmen, Delhi Development Authority. Ailawadi in his affidavit avers that the demised land is a nazul land which vested in the President of India. For management, control and disposal of such lands, Land Development Office in the Department of Local Self Government was created. As a matter of fiscal policy, the administrative control of the Land Development Office, Delhi was transferred from the Delhi Administration to the Ministry of Works, Housing Supply w.e.f. October 1, 1959. He asserts that this transfer was on administration and fiscal grounds and did not divest the Chief Commissioner of the powers given to him by the parties under the lease as the representative of the President of India. He further avers that the sewer line, according to the terms of the lease, could not be diverted without the consent of the Chief Commissioner (Lt.Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . (b)Coverage : According to the Master Plan and A building bye-laws, which were in force prior to 24.12.76, coverage for different floors of a five storey building was as under : Ground floor 80% First 70% Second 50% Third 50% Fourth 50% He then refers to the amended rule dated 24.12.76 which prescribed for all commercially developed areas, including offices, coverage of 25% and asserts that the press area is covered by the amendment. He also asserts that even the earlier rule was violated by allowing 75.43% on the first floor and 77.5 coverage on the second and third floors. Further he states that for commercial areas, parking has to be done within the plots and within the covered area. In the present case, no provision was made for parking of the vehicle within the plot and then adds : In the Municipal Bye-laws, there is no provision for waiving, relaxing and modifying the rules referred to above. The sanction was, therefore, accorded illegally and under undue pressure from vested interests. In his counter-affidavit, M.N Buch avers in para 3 that he had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Development Authority nor he as the Vice-Chairman had anything to do with the sanction/approval of the building plans in the instant case . It is rather pertinent to observe that in his counter affidavit Buch does not explain the implications of his specific order as the Vice-Chairman dated October 21, 1978 for amalgamation of plots nos.9 and 10 and permitting construction of the new Express Building with an increased FAR of 360 with a double basement for installation of the printing press, directing that it was not merely a communication from the Vice-Chairman, Delhi Development Authority to the Ministry of Works Housing but per se it was an order passed by M.N. Buch as Vice-Chairman, Delhi Development Authority and he concludes by observing : The Minister, Works Housing had discussed the case with me and ordered that the case should be cleared immediately and his ex-post-facto sanction obtained. On this basis, we may issue clearance to the Express Authorities and also make a reference to the Government of India asking for confirmation of the action taken. 'The order should be treated as an order under Special Appeal'. A perusal of the counter-affidavit of M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er with the Express buildings thereon. 3. (a) Whether under the Master Plan, development of the Mathura Road commercial area was totally prohibited on FAR exceeding 300 i.e. whether such area does fall within the expression 'already built-up commercial area' or whether The Master Plan does not refer to the Mathura Road commercial area nor does such area fall within the expression 'already built-up commercial area' i.e. the area falling within the walled city of Delhi. (b) Whether the permitted users in the Use-Zone C- II viz. the zone in which the present area falls do not exclude 'newspaper and printing press' except only if such user is allowed by a competent authority after special appeal that newspaper and printing presses are permitted to be installed. 4. Whether the Ministry of Works Housing with the Minister at the head was and is the ultimate authority responsible for the following items of works 'Property of the Union, Town and Country Planning, Delhi Development Authority, Master Plan of Delhi, Administration of the Delhi Development Act, 1957, the Land Development Office dealing with the administration of Nazi Lands in the Union Ter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and therefore the lessor i.e. the Union of India, Ministry of Works Housing could direct removal or demolition of the construction complained of. 8. Whether the notice of re-entry upon forfeiture of lease issued by the Engineer Officer, Land Development Office, New Delhi dated March 10, 1980 purporting to be on behalf of the lessor i.e. the Union of India, Ministry of Works Housing, and that of March 1, 1980 issued by the Zonal Engineer (Building), Municipal Corporation, City Zone, Delhi, were wholly mala fide and politically motivated. For a proper appreciation of the points involved, it is necessary to set out the material clauses of the indenture of lease-deed dated March 17, 1958. Clauses 2(5), 2(14), 4, 5 and 6, insofar as material, run as follows : 2(5). The lessee will not without the previous consent in writing of the Chief Commissioner of Delhi or of such officer or body as the lessor or the Chief Commissioner of Delhi may authorize in this behalf make any alterations in or additions to the building erected on the said demised premises so as to affect any of the architectural or structural features thereof or suffer to be erected on any part of the said de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Chief Commissioner of Delhi, and the Chief Commissioner shall not permit such forfeiture or re-entry until the Lessor has served on the lessee a notice in writing : (a) specifying the particular breach complained of (b) if the breach is capable of remedy, requiring the Lessee to remedy the breach and the Lessee fails within a resonable time from the date of service of the notice to remedy the breach, if it is capable of remedy, and in the event of forfeiture of re-entry the Chief Commissioner may in his discretion relieve against forfeiture on such terms and conditions as he thinks proper. The Acts We may then refer to the relevant provisions of the Delhi Development Act, 1957 which is paramount law on the subject and overrides the provisions of the Delhi Municipal Corporation Act, 1957. The word 'Building' is defined in section 2(b) as including any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not; And the term 'building operations as defined in section 2(c) includes rebuilding operations, structural alterations of or additions to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerned or any officer or authority thereof empowered or authorized in this behalf, in accordance with the provisions made by or under the law governing such authority or until such provisions have been made in accordance with the provisions of the regulations relating to the grant of permission for development made under the Delhi (Control of Building Operations) Act, 1955, and in force immediately before the commencement of this Act: It is common ground that the Press Enclave on the Mathura Road Commercial Complex has not been declared under s. 12(1) to be a development area for purposes of the Act. S.14 provides that after the coming into operation of any of the plans in a zone no person shall use or permit to be used any land or building in that zone otherwise than in conformity with such plan. S.29(1) makes it a penal offence to undertake or carry out development of any land in contravention of the Master Plan or Zonal Development Plans or without the permission, approval or sanction referred to in s. 12 or in contravention of any condition subject to which such permission, approval or sanction has been granted. S.53(3) is important for our purpose and it reads : 53(3): ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... des that the Commissioner shall communicate the sanction to the person who has given the notice; and where he refuses sanction on any of the grounds specified in sub-s.(2) or under s. 340 he shall record a brief statement of his reasons for such refusal and communicate the refusal alongwith the reasons therefor to the person who has given the notice. S.343(1) provides inter alia that where the erection of any building or execution of any work has been commenced, or is being carried on, or has been completed without or contrary to the sanction referred to in s.336....... The Commissioner may in addition to any other section that may be taken under the Act, make an order directing that such erection or work shall be demolished. Proviso thereto enjoins that no such order of demolition shall be made unless a person has been afforded a reasonable opportunity of showing cause by a notice in writing as to why such order shall not be made. Sub-s.(2) provides that the person aggrieved may prefer an appeal against an order of demolition passed under sub-s.(1) to the District Judge. Sub-s.(3) confers power on the District Judge to order stay of demolition. Sub-s.(5) thereof provides that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... installation of the printing press for publication of a Hindi newspaper, with the permission of the lessor, the Union of India, Ministry of Works Housing, constitutes a breach of the Master Plan or the Zonal Development Plans or clauses 2(5) and 2(14) of the lease-deed. These questions which obviously arise on these petitions under art. 32 of the Constitution and any direction for quashing the impugned notices must necessarily involve determination of these questions. I regret that my learned brother Venkataramiah, J. proposes to express no opinion on the questions on which, in my view, the Writ Petitions turn. The question at the very threshold is: Whether these petitions under Art.32 are maintainable. Learned counsel appearing for the Union of India raised a preliminary objection which he later developed as his main argument in reply. First, there was in the present case no question of infraction of the freedom of the press comprehended within the freedom of speech and expression guaranteed under Art. 19(1)(a) but the enforcement of the Master Plan for Delhi and the Zonal Development Plan framed under the Delhi Development Act, 1957 and the Delhi Municipal Corporation (Build ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n thrust of the impugned notice of re-entery dated March 10, 1980 by the Engineer Officer, Land Development Office purporting to act on bahalf of the lessor, the Union of India, Ministry of Works Housing under cl.5 of the indenture of lease dated March 17, 1958 requiring the Express Newspapers Pvt. Ltd. to show cause why the Union of India should not re-enter upon and take possession of plots nos. 9 and 10, Bahadurshah Zafar Marg together with the Express Buildings built thereon for alleged breach of cls. 2(5) and 2(14) of the lease-deed and that of the earlier notice dated March 1, 1980 issued by the Zonal Engineer (Building), City Zone, Municipal Corporation, Delhi requiring them to show cause why the aforesaid buildings should not be demolished under ss. 343 and 344 of the Delhi Municipal Corporation Act, 1957 was a direct threat on the freedom of the press guaranteed under Art.19(1)(a) of the Constitution. He contends that the impugned notices were intended and meant to bring about a closure of the Indian Express and not so much for the professed enforcement of laws governing building regulations the Delhi Development Act, 1957, the Master Plan for Delhi and the Zonal Devel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with an increased FAR of 360 together with a double basement for installation of a printing press for the publication of a Hindi newspaper was with the express sanction of the lessor i.e. the Union of India, Ministry of Works Housing accorded to the Express Newspapers Pvt. Ltd. which had duly submitted the building palns for grant of requisite sanction. In the premises, it is submitted that each of the structures was constructed with the express sanction of the lessor, and the Delhi Development Authority granted under the Delhi Development Act, 1957 which was the paramount law on the subject. It is urged that the re-entry upon forfeiture of lease or the threatened demolition of the new Express Building with the double basement where the printing press is installed for publication of the Hindi newspaper Jansatta will result in snuffing out the Indian Express as a newspaper altogether although it has the largest combined net sales among all daily newspapers in India. The learned counsel particularly emphasized the fact that the Express Buildings at 9-10, Bahadurshah Zafar Marg from the nerve- centre of the Express Group of Newspapers in general and the Indian Express in particular ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reason become a part of the fundamental right itself. He read out different passages from the judgments of Bhagwati, J. in E.P. Royappa v. State of Tamil Nadu Anr., [1974] 2 S.C.R. 348, Maneka Gandhi v. Union of India (supra) and Ramana Dayaram Shetty v. International Airport Authority of India Ltd. Ors., [1979] 3 S.C.R. 1014, and endeavoured to show, to use his own language, that inspite of some literal flourish in the language here and there, they did not and could not depart from the ambit of Art. 14 which deals with the principle of equality embodied in the Article . He was particularly critical of the dectum of Bhagwati, J. in International Airport Authority's case that arbitrariness was the anti thesis of Art. 14 and commented that this would mean that all governmental actions which are not supportable by law were per se violative of Art. 14. I am afraid, it is rather late in the day to question the correctness of the landmark decision in Maneka Gandhi's case and the innovative construction placed by Bhagwati, J. on Art. 14 in the three cases of Royappa, Maneka Gandhi and International Airport Authority (supra), which have evolved new dimensions in judicial pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Delhi Municipal Corporation Act or the Delhi Development Act, and the Master Plan or the Zonal Development Plan and the Building Bye-laws would be totally ineffectual. Such restrictions cannot be placed even though in the interest of the general public as they would not fall within Art.19(2). If, in respect of the building in question, the right to occupy such land is to be considered as comprehended in the right of freedom of speech and expression guaranteed by Art.19(1)(a), then inevitable consequence would be that neither the provisions of the Delhi Development Act nor the Delhi Municipal Corporation Act nor the Master Plan or the Zonal Development Plans or the Building Bye-laws would be applicable so as to control the building activities of the petitioners. It is said that the irresistible conclusion, therefore, ought to be that the fundamental right of freedom of speech and expression of a person under Art.19(1)(a) cannot extend to the continued occupation of a place where such right is derived from a grant or contract. Such a right is certainly not within the content of Art.19(1)(a) or Art. 19(1)(g). It is accordingly argued that the right arising out of a statute or out of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om of propagation of ideas, and that freedom is ensured by the freedom of circulation. Liberty of circulation is as essential to that freedom as the liberty of publication. Central to the concept of a free press is freedom of political opinion and at the core of that freedom lies the right to criticise the Government, because it is only through free debate and free exchange of ideas that Government remains representation to the will of the people and orderly change is effected. When avenues of political expression are closed, Government by consent of the governed would soon be foreclosed. Such freedom is the foundation of free Government of a free people. Our Government set up being elected limited and responsible we need requisite freedom of any animadversion for our social interest which ordinarily demands free propagation of views. Freedom to think as one likes and to speak as one thinks are as a rule indispensable to the discovery and separate of truth and without free speech, discussion may be futile. Romesh Thappar's case was cited with approval in Express Newspapers (P) Ltd. Anr. v. Union of India Ors. [1959] S.C.R. 12@ 120. There is in the Express Newspapers' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regulated is, generally speaking, the extent to which permissible restrictions may go in order to satisfy the test of reasonableness. The Court also dealt with the extent of permissible limitations on the freedom of speech and expression guaranteed under Art.19(1)(a). The test laid down by the Court in Bennett coleman's case is whether the direct and immediate impact of the impugned action is on the freedom of speech and expression guaranteed under Art. 19(1)(a) which includes the freedom of the press. It was observed that the restriction on the number of pages, a restraint on circulation and a restraint on advertizements would affect the fundamental right under Art.19(1)(a) on the aspects of propagation, publication and circulation of a newspaper. In repelling the contention of the learned Additional Solicitor-General that the newsprint policy did not violated Art. 19(1)(a) as it does not direct and immediately deal with the right mentioned in Art. 19(1)(a), the Court held that the test of pith and substance of the subject-matter and of direct and incidental effect of legislation are relevant to questions of legislative competence but they are irrelevant to the question of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grant governed by the Crown Grants Act, 1895, now known as the Government Grants Act. The Act is an explanatory or declaratory Act. Doubts having arisen as to the extent and operation of the Transfer of Property Act, 1882 and as to the power of the Government to impose limitations and restrictions upon grants and other transfers of land made by it or under its authority, the Act was passed to remove such doubts as is clear from the long title and the preamble. The Act contains two sections and provides by s.2 for the exclusion of the Transfer of Property Act, 1882 and, by s.3 for the exclusion of, any rule of law, statute or enactment of the Legislature to the contrary. Ss.2 and 3 read as follows : 2. Transfer of Property Act, 1882, not to apply to Government grants- Nothing in the Transfer of Property Act, 1882, contained shall apply or be deemed over to have applied to any grant or other transfer of land or of any interest therein heretofore made or hereafter to be made by or on behalf of the government to, or in favour of, any person whomsoever; but every such grant and transfer shall be construed and take effect as if the said Act had not been passed. 3. Government ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he L DO to be satisfied as to whether there was a breach of the terms of cls. 2(14) and 2(5) of the lease and that in the event of his reaching that conclusion, to proceed to serve the lessee with a notice of re-entry upon forfeiture of lease under c1.5 learned counsel appearing for respondent no.5 L DO has placed before us a detailed note explaining the prevailing practice followed by the L DO in such case. The meaning and significance of the note is that the show cause notice under c1.5 served by the L DO is merely a preliminary step affording the lessee an opportunity to settle the terms and conditions with the concurrence of the Ministry of Works Housing, offered by the lessor for condonation of such breach. In the event the lessee fails to comply with such terms the L DO withdraws the terms offered and then calls upon the lessee to remove or remedy the misuse or breach within 30 days. If there is failure on the part of the lessee to remedy such breach within the time allowed, the L DO processes the case for exercise by the lessor i.e. the Union of India of its rights to re-enter upon forfeiture of lease under c1. 5 of the lease-deed. It is said that according to the prevaili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . [1962] 2 S.C.R. 69, a Constitution Bench of this Court speaking through S.K. DAs, J. in somewhat similar circumstances allowed the petition under Art.32 of the Constitution directing restoration of possession to the lessee who had been dispossessed from land granted by the Government by display of force. What had happened was this. One Ramjidas built a dharamsala, a temple and shops appurtenant thereto with the joint family funds on Government land with the permission of the Government. After his death the other members of the family who were in management and possession of those properties were dispossessed by the State Government of Punjab at the instigation of a member of the ruling Congress party. The petitioners applied to the Punjab High Court for issue of appropriate writs under Art. 226 of the Constitution but the petition was dismissed in limine on the preliminary ground that the matter involved disputed questions of fact. An appeal under c1.10 of the Letters Patent was also dismissed on the same ground. The petitioners then moved this Court under Art.32. The State Government sought to justify the action on the ground that the petitioners were merely trespassers as the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt : We feel it our duty to say that the executive action taken in this case by the State and its officers is destructive of the basic principle of the rule of law. The facts and the position in law thus clearly are (1) that the buildings constructed on this piece of Government land did not belong to Government, (2) that the petitioners were in possession and occupation of the buildings and (3) that by the virtue of enactments binding on the Government, the petitioners could be dispossessed, if at all, only in pursuance of a decree of a Civil Court, obtained in proceedings properly initiated. In these circumstances the action of the Government in taking the law into their hands and dispossessing the petitioners by the display of forced exhibits a callous disregard of the normal requirements of the rule of law apart from what might legitimately and reasonably be expected from a Government functioning in a society governed by a Constitution which guarantees to its citizens against arbitrary invasion of the executive of peaceful possession of property. The Court also adverted to the earlier decision in Wazir Chand v. State of H.P., [1955] 1 S.C.R. 408, where it was held that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the view that the right to recover possession vesting in a person who had been in possession prior to such dispossession which was implicit in 8.9 of the Specific Relief Act, 1963 would be enforced by a petition under Art.226. The view of the High Court was-obviously not sustainable. At the hearing, counsel for the respondents sought an adjournment on the ground that the respondents had in the meanwhile filed a suit against the State Government and further that the parties were negotiating for a settlement. It appears that the court rejected the prayer for adjournment saying that useful purpose would be served by granting any further time and thereafter entered upon the merits. lt held that merely because a suit under 8. 9 of the Specific Relief Act would have been competent, no right can be claimed by the respondents merely on the ground of their possession under Art. 226 unless their right to remain in possession was established against the State Government. There is no reference to the earlier decision of the Constitution Bench in Bishan Das' case nor does the judgment lay down any contrary principle. It seems to me that the observations of Gajendragadkar, J. were merely in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e public premises after the authority (whether by way of grant of any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. The Express Buildings constructed by Express Newspapers Pvt. Ltd. with the sanction of the lessor i.e. the Union of India, Ministry of Works Housing on plots 8. 9 and 10, Bahadurshah Zafar Marg demised on perpetual lease by registered lease-deed dated March 17, 1958 can, by no process of reasoning, be regarded as public premises belonging to the Central Government under 8. 2(e). That being so, there is no question of the lessor applying for eviction of the Express Newspapers Pvt. Ltd. under s.2(1) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 nor has the Estate Officer any authority or jurisdiction to direct their eviction under sub-s.(2) thereof by summary process. Due process of Law in a case like the present necessarily implies the filing of suit by the lessor i.e. the Union of India, Ministry of Works Housing for the enforcement of the alleged right of re- entry, if any upon forfeiture of lease due to breach of the terms of the lease. Nothing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, it had to be struck out altogether as no such office exists in view of the Constitutional changes since brought about. That is to say, the question involved must be determined on the footing as if the parties never contemplated the Chief commissioner of Delhi to exercise any of the functions of the lessor under the lease-deed. In reply, learned counsel appearing for respondent no.2, the Lt. Governor, advanced a two fold submission; firstly, the Lt. Governor is the alter ego of the President of India and not a mere formal or titular head of the Union Territory of Delhi, and in the connection he referred to the constitutional history of the Union Territory of Delhi. In support of his contention that the designation of the Administrator as the Chief Commissioner of Delhi under both the Government of India Acts of 1919 and 1935 or as the Lt. Governor under the Constitution was a mere matter of nomenclature, the learned counsel referred to the provisions relating to the powers, functions and duties of the Chief Commissioner or the Lt. Governor, as the case may be, which remained the same. In his words, the Lt. Governor is the 'eyes and ears' of the President in relation t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs and functions of the Council of Ministers in the Union Territory of Delhi as a Part 'C' State extended only to the legislative powers conferred under s.21 of the Act. The 'reserved powers' which were excluded from the purview of the Legislative Assembly or the Delhi Metropolitan Council were, however, exercisable by the Chief Commissioner and necessarily by the Lt. Governor as the appointed agent or the nominee of the President. It was submitted that the Lt. Governor continues to have certain defined functions, apart from his function as the executive head of the Delhi Administration. As an incumbent of an important public office of the Lt. Governor, he is intended to discharge diverse functions on behalf of the President of India as his agent in relation to the Union Territory of Delhi. In support of his contention, reliance was placed on the interpretation of s.2(3) and s.36 of the Act. It was urged that the office of the Land Development Officer was under the direct administrative control of the Chief Commissioner A as the Administrator until 1959. The Land Development Officer administered nazul lands at that time as he does now. Although this was a subjec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expedient to provide for the application of the Law in force in the said territory, and for the extension of other enactments thereto: I. is hereby enacted as follows : Under 8.58 of the Government of India Act, 1919, Delhi remained and was administered as a Chief Commissioner's Province. The office of Land Development Officer came into being as a separate organisation under the administrative control of the Chief Commissioner of Delhi. Under 8.94 of the Government of India Act, 1935, it was provided that Delhi would continue to be a Chief Commissioner's Province. A Chief Commissioner's Province was to be administered by the Governor-General acting to such extent as he thought fit through a Chief Commissioner to be appointed by him in his discretion. S. 94 of the Government of India Act, 1935 provided as follows : 94: Chief Commissioners' Provinces : 1. The following shall be the Chief Commissioners' Provinces, that is to say, the heretofore existing Chief Commissioners' Provinces of British Baluchistan, Delhi, Ajmer-Merwara, Coorg and the Andaman and Microbe Islands, the area known as Panth Piploda, and such other Chief Commissioners' Provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... States as a Chief Commissioner's Province or as part of a Governor's or Chief Commissioner's Province:- 1. Where full and exclusive authority, jurisdiction and powers for and in relation to the governance of any Indian State or of any group of such States are for the time being exercisable by the Dominion Government, the Governor-General may by order direct:- (a) that the State or the group of States shall be administered n all respects as if the State or the group of states were a Chief Commissioner's Province: (b) that the State or the group of States shall be administered in all respects as if the State or the group of States formed a part of a Governor's or a Chief Commissioner'S Province specified in the Order. Provided that if any Order made under clause (b) of A this sub-section affects a governor's Province, the Governor-General shall before making such Order ascertain the views of the Government of that Province both with respect to the proposal to make the order and with respect to the provisions to be inserted therein. (2) Upon the issue of an order under clause (a) of sub-section (1) of this section, all the provisions of this Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... official gazette to extend to the State of Delhi or to any part of such territory with such restrictions and modifications as it thought fit any enactment which was in force in any State at the date of the notification. S.4 of the Act repealed s.7 of the Delhi Laws Act, 1912. The Government of Part States Act, 1951 enacted by Parliament was brought into force on September 6, 1951. S. 21 of the Act, insofar as material, read as follows : 21. Extent of Legislative Power (1) Subject to the provisions of this Act, the Legislative Assembly of a State may make laws for the whole or any part of the State with respect to any of the matters enumerated in the State List or in the Concurrent List.: Provided that the Legislative Assembly of the State of Delhi shall not have power to make laws with respect to any of the following matters, namely :- (a) ********** (b) ********** (c) *********** (D) lands and buildings vested in or in the possession of the Union which are situated in Delhi or in New Delhi including all rights in or over such lands and buildings, the collection of rents, therefrom and the transfer and alienation thereof ; (2) Nothing in sub-s.(1) shall deroga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DINARY PART 11 Section 3 PUBLISHED BY AUTHORITY No. 332 NEW DELHI, THURSDAY, NOVEMBER 1, 1956 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi-2, the 1st November, 1956. S.R.O. 2536 - In pursuance of clause (1) of Article 239 of the Constitution as amended by the Constitution (Seventh Amendment) Act, 1956 and all other powers enabling him in this behalf, the President hereby directs as follows :- Where, by virtue of any order made in pursuance of Article 239 or as the case may be, Article 243 of the Constitution as in force immediately before the 1st day of November, 1956 or any other power under the Constitution, any powers and functions were immediately before that day, the powers and functions (a) the Lieutenant Governor of the State of Himachal (b)the Chief Commissioner of the State of Delhi, Manipur or Tripura and (c) the Chief Commissioner of the Andaman and Nicobar Islands, such powers and functions shall, on and after the said day, be exercised and discharged respectively by- (i) the Lieutenant Governor of the Union Territory of Himachal Pradesh, (ii) the Chief Commissioner of the Union Territory of Delhi, Manipur or Tripura, and (iii) the Chief commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appropriate Ministry or Department. It is pertinent to observe that neither the Chief Commissioner of Delhi nor the Lt. Governor has been conferred any authority by the President under Art.299(1) to enter into any contract mate in the exercise of the executive power of the Union or to act 'on behalf of' the President in relation to such contract or assurance of property i.e. to act on behalf of the President for the enforcement of the terms ant conditions thereof. On September 7, 1966 the Administrator appointed by the President in relation to the Union Territory of Delhi who hithertofore had been designated as the Chief Commissioner was re-designated as the Lt. Governor of Delhi. Accordingly, the President on September 7, 1966 issued another order in terms of Art. 239(1) of the Constitution which provides as follows : MINISTRY OF HOME AFFAIR NOTIFICATION New Delhi, the 7th Sept., 1966. S.O. 2709 - In pursuance of clause (1) of article 239 of the Constitution and all other powers enabling him in this behalf, the President hereby directs as follows Where by virtue of-any order made in pursuance of article 239 any powers and functions were, immediately before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Regulation made after the commencement of this Act, it shall be sufficient for the purpose of indicating the relation of a law to the successors of any functionaries or of corporations having perpetual succession to express its relation to the functionaries or corporations. 2. This section applies also to all Central Acts made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887. Our attention was drawn by the learned counsel to the decision of Mohd. Maqbool Damanoo v. State of Jammu kashmir, [1972] 2 S.C.R. 1014, where a Constitutional Bench held that under 8. 26(2) of the Jammu Kashmir Constitution, as amended, even though the Governor of Jammu Kashmir was not elected as the Sadar-i-Riyasat but the mode of appointment would not make a Governor anytheless a successor to the Sadar-i-Riyasat because both were the head of the State and therefore the executive power of the State vested in them both. In that connection, the Court referred to 8.18 of the General Clauses Act and held that the Governor being a successor of the office of the Sadar-i- Riyasat was entitled to exercise all the powers and functions of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t even while delegating the powers under Art. 239(1) of the Constitution, a continuum between the office of the Chief Commissioner and that of the Lt. Governor was preserved and the terms used interchangeably. All these powers and functions were essentially functional. Moreover, powers and functions which vested in that office and which had a clear continuity of its own also implied powers which were incidental and ancillary thereto. Such powers also necessarily included powers and functions which were a necessary concomitant of the office. Learned counsel contends that the office of the Administrator under Art.239(1) is the office of an agent and representative of the President. It is the office of the Head of the Administration in relation to the Union territory. He is not merely a formal or titular head but an effective and executive head. The office is both formal and functional, and the Union Territory is administered by the Union Executive through the Lt. Governor. In the ultimate analysis, the Lt. Governor has to be the 'eyes and ears' as well as the 'limbs' of the President in the Union Territory which he is called upon to administer on behalf of the Pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1935 and become a Part state on the inauguration of the Constitution and had to be administered by the President under Art.239(1) acting to such extent as he thought fit through a Chief Commissioner or a Lt. Governor to be appointed by him or through the Governor of a neighbouring State. After the Seventh Amendment which reorganized the States, Part State of Delhi was transformed into a Union Territory and has to be administered by the President under the amended Art. 239(1), acting to such extent as he thinks fit, through an Administrator to be appointed by him with such designation as he may specify. In September, 1951 an Act known as the Government of Part States Act, 1951 was passed by Parliament. It was a law enacted by Parliament under Art.240(1) to provide for the creation of Legislative Assemblies, Council of Ministers and Councils of Advisors for Part States. Sub-s.(3) of 8.2 provided that any reference in the Act to the Chief Commissioner shall, in relation to a State for the time being administered by the President through a Lt. Governor be construed as a reference to the Lt.Governor. Cl.(2) of Art.240 provided that such law shall not be deemed to be an amendment of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itution and therefore such an order made under 8.94(3) of the Government of India Act, 1935 must be construed as an order made under Art. 239(1). The Constitution Bench speaking through Mukherjee, J. after adverting to 6. 94(3) of the Government of India Act, 1935, observed : An order made by the Governor-General under 6.94(3) investing the Chief Commissioner with the authority to administer a province is really in the nature of a legislative provision which defines the rights and powers of the Chief Commissioner in respect of that province. In our opinion, such order comes within the purview of Article 372 of the Constitution and being 'a law in force' immediately before the commencement of the Constitution would continue to be in force under clause (1) of the Article. Agreeably to this view it must also be held that such order is capable of adaptation to bring provisions under cl.(2) of Article 372 and this is precisely what has been done by the Adaptation of Laws Order, 1950. Paragraph 26 of the Order runs as follows : Where any rule, order or other instrument was in force under any provision of the Government of India Act, 1935, or under any Act amending or supplem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the President i.e. in the manner specified under the Authentication (Orders and other Instruments) Rules, 1958 framed under Art. 72(2). On January 18, 1961, the President made the Government of India (Allocation of Business) Rules, 1961 under Art. 77(3) for the convenient transaction of business of the Government of India, and for the allocation among Minister of the said business. In terms of the Government of India (Allocation of Business) Rules, 1961, all matters relating to the property of the Union, allotment of Government lands in Delhi, administration of Government estates under the control of the Ministry of Works Housing and the administration of the Land Development Office, are matters exclusively vested in the Ministry of Works Housing vide Entries 1, 6 and 23(1) in the Second Schedule under the head 'Ministry of Works Housing'. In the light of the said directive, as further confirmed by the constitutionally enacted regulations, the power over the allotment of nazul lands, administration of leases in Delhi and the control and administration of Land Development Office in particular and the property of the Union in general are subjects vested s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or in principle. Also, mala fide because they constitute misuse of powers in bad faith. Use of power for a purpose other than the one for which the power is conferred is mala fide use of power. Same is the position when an order is made for a purpose other than that which finds place in the order. It is somewhat strange that although definite allegation of mala fide on the part of the respondents particularly the Government for the day at the Centre were made with sufficient particulars and though the respondents had ample time to file their affidavits in reply, none of the respondents except respondent no.5,, the Lt. Governor of Delhi and respondent no.5,, Land Development Officer have chosen to deny the allegations. The counter-affidavit of respondent no.2 purporting to be on behalf of all the respondents is that the allegations made by the petitioners in paragraphs 11, 12 and 13 are not 'relevant' to the matter in issue. In C.I. Rowjee Ors. v. A.P. State Road Transport Corporation, [1964] 4 S.C.R. 330, the Court in a matter arising out of the Motor Vehicles Act, 1939 where certain allegations against the Minister went uncontroverted, had occasion to administer a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by personal animosity towards those who are directly affected by its exercise. He then goes on to observe : If the Court concludes that the discretionary power has been used for an unauthorized purpose it is generally immaterial whether its repository was acting in good or bad faith. But there will undoubtedly remain areas of administration where the subject matter of the power and the evident width of the discretion reposed in the decisionmaker render its exercise almost wholly beyond the reach of judicial review. In these cases the courts have still asserted jurisdiction to determine whether the authority has endeavoured to act in good faith in accordance with the prescribed purpose. In most instances the reservation for the case of bad faith is hardly more than a formality. But when it can be established, the courts will be prepared to set aside a judgment or order procured or made fraudulently despite the existence of a generally worded formula purporting to exclude judicial review. Bad faith is here understood by the learned author to mean intentional usurpation of, power motivated by considerations that are incompatible with the discharge of public responsibility. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... some extraneous matters or by ignoring relevant matters. That would render the impugned act or order ultra vires. It would be a case of fraud on powers. The misuse in bad faith arises when the power is exercised for an improper motive, say, to satisfy a private or personal grudge or for wreaking vengeance of a Minister as in S. Pratap Singh v. State of Punjab, [1964] 4 S.C.R. 733. A power is exercised maliciously if its repository is motivated by personal Animosity towards those who are directly affected by its exercise. Use of a power for an 'alien' purpose other than the one for which the power is conferred in mala fide use of that power. Same is the position when an order is made for a purpose other than that which finds place in the order. The ulterior or alien purpose clearly speaks of the misuse of the power and it was observed as early as in 1904 by Lord Lindley in General Assembly of Free Church of Scotland v. Overtown, L.R. [1904] A.C. 515, 'that there is a condition implied in this as well as in other instruments which create powers, namely, that the powers shall be used bona fide for the purpose for which they are conferred'. It was said that Warrington, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nter- affidavit and left it to respondent no.2, Lt. Governor of Delhi to controvert as best as he could the specific allegations made by the petitioners that the impugned action was wholly mala fide and politically motivated i.e. that there was malice in fact as well as malice in law which actuated the authorities in issuing the impugned notices. Respondent no.2 did not controvert these allegations but asserted that the allegations were 'wholly irrelevant' to the matter in issue. He disclaimed all responsibility for the issue of the impugned notices and insteadtried to justify all his action throughout the affair as the Lt. Governor. As the hearing progressed, on being putwise on the legal issues, respondent no.2 filed an additional affidavit trying to refute the allegations of personal bias and animosity on his part. As already stated, respondent no.1 put a supplementary affidavit of M.K. Mukherjee, Secretary, Ministry of Works Housing which instead of meeting the specific allegations made by the petitioners, avers that they were wholly irrelevant and that the Union of India adopts the counter-affidavit filed by respondent no.2. The submissions advanced at the Bar by lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ards of the Zonal Engineer (Building) broken open to take away the files relating to the new Express Building. Immediately thereafter on March 1, 1980, respondent no.2 convened a press conference in which he handed over a press release (set out in the earlier part of the judgment) alleging that the new Express Building put up by the petitioners was in contravention of law in several respects. On March 1, 1980 he purported to appointed what he termed in the counter-affidavit as a commission of inquiry under s.3 of the Commissions of Inquiry Act, 1952 consisting of three members, the Chief Secretary and two other officers of the Delhi Administration to make an investigation into the circumstances under which the sanction was granted by the then Minister for Works Housing and the alleged breaches committed by the petitioners in the construction of the Express Buildings. The learned counsel contends that the so-called inquiry directed by respondent no.2 into the affairs of the Union of India, Ministry of Works Housing was nothing short of inquisition into the functioning of the previous Government at the Centre and particularly that of Minister for Works Housing. On the same d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he lease was liable to be forfeited' and 'the Express Buildings built thereon demolished'. Learned counsel contends that these facts clearly show that the impugned notices were issued in bad faith and actuated by improper motives. He accordingly contends that the impugned action was wholly mala fide and politically motivated. The expression 'Government' in the context 18 the functionary of the Central Government i.e. the Minister for Works Housing who is vested with executive power in the relevant field. The executive power of the Union vested in the President under Art. 53(1) connotes the residual or governmental functions that remain after the legislative and judicial functions are taken away. m e executive power with respect to the great departments of the Government are exercisable by the Ministers of the concerned departments by virtue of Rules of Business issued by the President under Art. 77(3). For purposes of the present controversy, the functionary who took action and presumably on whose instructions the impugned notices were issued was no one than the Lt. Governor of Delhi who, according to learned counsel for respondent no.1., could not usurp the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the period during the Emergency and thereafter. The petitioners allegations may be thus summarized. The Express Group of Newspapers in general and the Indian Express in particular have always taken in independent stand and have been critical of the Government and the authorities and of any authoritarian trend and had therefore been Considerably harassed in various way. For over a decade, Congress Government have had an animosity against the petitioners and have tried in many ways to finish them off. After the Congress split of 1969 the Indian Express severly criticised those who had backed out from supporting the official Congress candidate. As a result, various administrative agencies began roving and fishing inquiries into the affairs of the Express Group of Companies. On more occasions then one, matters relating to petitioner no.3 Ram Nath Goenka and the Express Group of Companies were discussed in Parliament. After the Congress (R) secured overwhelming majority in the 1971 Parliamentary elections, the Express Group of Companies and petitioner no.3 had to wage a constant battle for survival on various fronts and against various onslaughts. The animosity of the Congress (R) Go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court. The Express Building was sealed of for two days but by that time the harassment of the newspaper had attracted attention throughout the word. This became an embarrassment to the Government which stopped some of the harassment but continued the financial persecution. The newspaper was about to collapse when the new elections of 1977 gave it a new life. White Paper on Misuse of Mass Media at paragraphs 38 to 44; Shah Commission's Report at pp. 34-35, Indian Politics and the Role of the Press by Shared Karkhanis at pp. 139-140. As against respondent no.2,, it was suggested during the course of hearing by learned counsel for the petitioners that obviously one of the tasks entrusted to respondent no.2 as the Lt. Governor of Delhi was to 'discipline the press' by demolition of the Express Buildings. I refrain from expressing any opinion on that aspect but it is quite evident that no action was contemplated against the Express Newspapers Pvt. Ltd. by any of the respondents prior to February 17, 1980. Respondent no.2 upon assumption of his office as the Lt. Governor of Delhi on that day immediately set on a course of action against the Indian Express which culminated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed March 10, 1980 was issued by the Engineer Officer at the behest or at the instigation of the Lt. Governor. Mukherjee had averred therein that S. Rangaswami, Additional Land Development Officer called for a report and the file of the case on March 5, 1980 when a press clipping was put up to him in the usual course from the office of the Public Relations Officer. The Engineer Officer asked for putting up tho case with a detailed note immediately. The decision to send the notice 9 taken without the reference to the Lt. Governor. A note on the file pointed out that the rate at which the plot was initially given to the Express Newspapers Pvt. Ltd. was concessional @ ₹ 36,000 per acre as against the prevailing rate of ₹ 1.25 000 per acre for construction of building. The note was put up by Rangaswami to the Land Development officer and was also seen by tho Joint Secretary (Delhi Division) and the Secret Ministry of Work Housing. In this note, Rangaswami further pointed out that additional premium and additional ground rent would at all events to recovered from the lessee together with interest. The learned counsel accordingly contended that it was on the basis of this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnor was the alter ego of the President in relation to such territory which he is called upon to administer on behalf of the President. One of the primary functions of the Lt. Governor, as the Administrator, was to be aware of facts brought to his knowledge and therefore respondent no.2 could not have turned a blind eye to the action of Sikander Bakht, the then Minister for Works Housing in making a highly fraudulent, illegal and improper grant of sanction to the Express Newspapers Pvt. Ltd. to build the new Express Building with an increased FAR of 360. He also maintained that the Lt. Governor as the appointed agent or nominee of the President was entitled to act on behalf of the lessor i.e. the Union of India, Ministry of Works Housing in relation to the lease. Further, the contention was that respondent no.2 as the Lt. Governor was well within his rights (1) in calling for and making perusal of the respective files from the Ministry of Works Housing, Delhi Development Authority and the Municipal Corporation of Delhi pertaining to the construction of the new Express Building with an increased FAR of 360, (2) in constituting a Three-Member Committee to inquire into the circu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice dated March 10, 1980 was not a notice of re- entry upon forfeiture of lease but merely a notice of an exploratory nature requiring Express Newspapers Pvt. Ltd. to show cause why the lease should not be forfeited under cl. 5 of the lease-deed. Further, the contention that the decision to send the notice was taken without reference to the Lt. Governor does not appear to be substantiated by the facts on record. m e so-called note of Rangaswami, Additional Land Development Officer put up before the Joint Secretary (Delhi Division) or the Secretary, Ministry of Works Housing was for making a demand for payment of additional premium and ground rent and it never authorized the issue of the impugned notice dated March 10, 1980 by the Engineer Officer directing a forfeiture of the lease. The facts speak for themselves. M.K.. Mukherjee, Secretary, Ministry of Works Housing in his supplementary affidavit avers that the impugned notice dated March 10, 1980 was issued by the Engineer Officer, Land Development Office on the basis of press reports i.e. reports of the press conference called by respondent no.2 on March 4, 1980. The sudden spurt of activity on the part of Rangaswa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, Town and Country Planning, Delhi Development Authority, Master Plan for Delhi and Administration of the Delhi Development Act, 1957 and Allotment of Government lands in Delhi, and was also responsible for all attached and subordinate offices or organizations concerned with any of the subjects specified aforesaid including the subordinate office of the Land Development Officer, New Delhi, dealing with the administration of lease of nazul lands. The functions of the Ministry of Works Housing are described in Chapter XXV of the publication entitled Organizational set up and Functions of the Ministries Departments of the Government of India, issued by the Department of Personnel Administrative Reforms, Cabinet Secretariat, Government of India. Hence, the Minister for Works Housing was and is the ultimate authority responsible for the following items of work viz. the property of the Union, town and country planning, Delhi Development Authority, Master Plan of Delhi, Administration of Delhi Development Act, 1957, Land Development Office dealing with the administration of nazul landsin the Union Territory of Delhi. It is common ground that the Press Enclave on Bahadursha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be treated to have been unlawfully undertaken or carried out under s. 53(3)(a) of the Act. As already stated, the Central Government through the Ministry of Works Housing is given an overriding authority in the matter of administration of the Delhi Development Act including the Master Plan, and the Zonal Development Plans, and the provisions of the Delhi Development Act take effect notwithstanding anything inconsistent there with contained in any other law. That is to say, merely because the Municipal Corporation of Delhi while granting sanction to the building plan on January 9, 1979 got deleted the basement beyond plinth line as well as the second basement, that was of no legal consequence. By virtu of the permission granted by the DDA to the sanction Plan of the new Express Building with an increased FAR of 360 with a double basement beyond the plinth area for installation of the printing press, the same must prevail. Under 6. 41(3) of the Act, the Central Government through the Ministry of Works Housing had certainly the authority to issue a direction to the Delhi Development Authority to examine the question as to whether the petitioners could be granted permission to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e number of floors but this is subject to light and air planes. Semi-basement is allowed with a coverage not exceeding the ground floor for parking, servicing and storage and the same is not taken into FAR calculations. The Master Plan then provides for FAR coverage for already built-up commercial areas and a list of 19 localities is set out and they all relate to the walled city of Delhi like Chandni Chowk etc. To this was added as the 20th item Jhandewalan Scheme on December 24, 1976. The entire case of the Union of India as well as the other respondents as presented before us is that under the Master Plan an FAR exceeding 300 was totally prohibited for any commercial area including the Mathura Road Commercial Complex. This is factually wrong. The Master Plan admittedly does not refer to the press enclave situate on the Mathura Road commercial area, nor does such area fall within the already built-up commercial areas i.e. the walled city of Old Delhi, as set out in the Master Plan at pp.60-61. Since the attempt of the respondents is to bring the press area within he FAR coverages prescribed for the already built-up commercial areas in the walled city of Old Delhi, it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that where in Delhi is there an FAR of more than 300 for any commercial area as stated in the Report of the Town Country Planning Organisation dated April 14, 1978 relied upon by the respondents. In the Zonal Development Plan for a D-II area, it is mentioned that Asaf Ali Road commercial area is fully developed and there is no room for its expansion , but the same is not said about Mathura Road commercial area which is described as fully commercialized with press and other allied trading buildings. The statement relating to Mathura Road commercial area is set out below Similarly Mathura Road commercial area is also fully commercialized with press and other allied trade buildings according to building bye-laws to built-up areas. It would be seen the statement is prefaced by the word 'similarly' and thereafter the word 'also' appears. Learned counsel appearing for respondent no.1 the Union of India contends that the use of the word 'similarly' can only mean that Mathura Road commercial area is also fully developed like Asaf Ali Road commercial area, and further that the statement that buildings on Mathura Road have been constructed according to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as specified at p.61. A building in these areas can always be pulled down and reconstructed with an FAR of 400. The Express Newspapers Pvt. Ltd. have placed on record a recent advertisement dated March 8, 1982 issued by the Delhi Development Authority as published in the Indian Express announcing public auction of certain plots of land in the Asaf Ali Road commercial area. It is mentioned in the advertisement that the auction purchaser would be entitled to construct a building with the following specifications : Apart from basement of 86.11% of ground floor coverage of 100%, a mezzanine floor of 25% of the ground floor, four floors each of 75% coverage, to the benefit of a higher FAR being permitted in future. subject only to proportionate payment of premium. It 18 therefore evident that although in the Zonal Development Plan for D-II area, Asaf Ali Road commercial area is described as fully developed with no room for expansion, the FAR of which is admittedly 400, there could be still a further increase in FAR subject to payment of premium. This could only be under the provisions of the Zonal Development Plan for D-II area and therefore it must logically follow that the FAR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uments asserting the right of the lessor i.e. the Union of India, the re-entry upon forfeiture of lease is not foreshadowed in either of the impugned notices dated March 1, 1980 or March 10, 1980 issued by the Engineer Officer, Land Development Office. But, since the point has been argued at great length and since the argument is that the permission accorded by Sikander Bakht, the then Minister for Works Housing was non-est if the FAR exceeded the legal limit of FAR 300, this question has to be dealt with on merits. According to the Union of India, both in the arguments as well as in the affidavits, it is asserted that in processing the application for additional construction i.e. Of the new Express Building proceeded on the basis that the FAR in the Press Area was 300. The assertion that every officer referred to only an FAR 300 for the Press Area is based upon the TCPO's note dated April 14, 1978 mentioned in Three Member Committee's report in which it is specifically stated : As per Master Plan, FAR 300 in Commercial area does not exist for any area in Delhi whatsoever. As stated above, this was factually wrong being contrary to the Master Plan and the Zonal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is not fully developed ? The floor area ratio or FAR is the restriction on the number of floors in a building with reference to the plot area. The expression 'FAR' is defined in bye-law 2(33) of the Delhi Municipal Corporation (Buildings) Bye-laws, 1959 in the following terms : 2. Definitions- In these bye-laws, unless the context otherwise requires : (33) floor Area Ratio or FAR means the quotient obtained by dividing the multiple of the total of the covered area on all floors and 100 by the area of the plot i.e. FAR - Total covered area of all floors x 100 Plot area Where FAR is not specified in the Master Plan which admittedly is the case in regard to press area on Bahadurshah Zafar Marg, the only bye-law applicable would be bye-laws 21 and 22. Bye-law 21 (1) reads : 21. Maximum height of buildings :- (1) Except with the permission in writing of the commissioner, and subject to the provisions contained in bye-Law 19, no building shall be erected or raised to a greater height than seventy feet as measured from the level of the centre of the adjacent portion of the nearest street. Note : This bye-law shall be applicable only to those buildings which a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reet subject to the maximum height of 70 feet and this is the measure adopted where FAR for a particular area is not specified in the Master Plan. The learned counsel then adverts to the further description with reagard to the Mathura Road commercial area, namely, that the press and other allied trade buildings have been constructed according to building bye- laws applying to 'built up areas'. According to him these bye-laws according to which the buildings have been erected were to apply to 'built up areas' so that the net result is that the Mathura Road commercial area was fully commercialized and has been built up according to the relevant bye-laws which controlled the construction of commercially built- C up area. He contends that the description contain a declaration that the whole area was a commercial area and that it was fully commercialized and the relevant bye-law applicable to the Mathura Road commercial area was and is bye-law 25(2)(IV-B) which puts a ceiling on FAR at 300. It is next contended that since the Mathura Road commercial area was a fully developed and commercial area built up according to the relevant bye-laws, it has not been declared to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verage of 80% is permitted. He relies upon the relevant portion of bye-law 26 which reads ; 26. Open specs in Commercial and Public Buildings- No commercial or public building or ground of such buildings in any bazar, market or commercial area shall have a ground floor covered area of that 80 per cent of the area of the plot........ Note : This bye-law shall be applicable only to buildings covered by bye-law 25(2) (IV-B) . He accordingly contends that all buildings in the press area including the new Express Building have a ground coverage of 80% under bye-law 26 and to such buildings bye-law 25(2)(IV- B) which limits the FAR to 300 is applicable- The fallacy of the argument of the learned counsel lies in the assumption that all buildings in the press area including the Express Buildings are constructed with a ground coverage of not more than 80% under bye-law 26 and therefore only bye-law 25(2)(IV-B) which limits the FAR to 300 is applicable in this case. The contention overlooks the note appended to bye-law 26 which reads: This bye-law shall be applicable only to buildings covered by bye-law 25(2) (IV-B). Bye-law 25(2)(IV-B) only applies to : 'already built-u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de the boundary of the leasehold premises. In effect, an area of 2740 square yards to the west of the drain had to be left as a residual piece of land out of the total area of 5703 sq. yards. It is pertinent to observe that all other newspapers like the Times of India, Patriot, National Herald etc. who had been granted similar: plots on the Mathura Road on same conditions and were allowed to build on the entire area of their respective plots without any restrictions whatever. After further negotiations, the lease agreement was entered into between the parties on November 27, 1957 80 as to protect the underground sewer drain and restrict the construction of the building to the east of the drain. J.N. Ambegaokar, Under Secretary to the Ministry of Works Housing by his letter dated April 11, 1956 confirmed that the allotment of land to the Indian Express Newspapers on the Mathura Road had been revised on the terms set out therein. The revised allotment was subject, among others, to the following conditions : 1. An area of 2740 sq. yards to the west of the pipeline was allotted on a premium @ ₹ 36,000 per acre plus 2.5% annual ground rent thereon. The said area was to be mai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opposite the Ramlila Ground). All these commercial areas fall within D-II area for which the Zonal Development Plan prescribes an FAR of 400. Validity of the show cause notice dated March 1, 1980 issued by the Zonal Engineer (Building), City Zone, Municipal Corporation, Delhi under as. 343 and 344 of the Delhi Municipal Corporation Act, 1957. At the Press Conference convened by respondent no.2 on March 1, 1980, he handed over a press release alleging that the additional building put up by petitioner no.1, Express Newspapers Pvt. Ltd., was in contravention of law and inter alia it was stated that the Municipal Corporation had been advised to take immediate action in regard to the unauthorized deviations from the sanctioned plan. On the same day. the Zonal Engineer (Building), City Zone, Municipal Corporation, Delhi served a notice to petitioner .1 to show cause why action should not be taken for demolition of the structures set out therein under as 343 and 344 of the Delhi Municipal Corporation Act, 1957. The objected portions of construction in terms of the impugned show cause notice are as under : (1) Construction of an upper basement without sanction or, in other words, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he drain flooded the entire pit that had been dug for the foundation of the building and they allege that water had reached 14 ft. in height and it endangered the foundation of the original Express Building. The service road parallel to Bahadurshah Zafar Marg was also in imminent danger of caving in. Petitioner no.1 had therefore to build supporting walls which became a storage tank. The construction of walls in the triangular area was meant to strengthen and re-enforce the foundation of the original building as well as to prevent the road from caving in. What alleged in the show cause notice as a proposed basement under construction was merely for fortuitous construction necessitated by the drain flooding the pit and now it is merely meant to house a water static tank needed for fire fighting purposes. Such fire fighting arrangement is necessary to prevent fire hazard which inflicted huge losses in various multi-storeyed buildings like Kanchunjunga and the Hindustan Times buildings. The Express Newspapers Pvt. Ltd. further allege that they were advised by the fire- brigade authorities to construct a static tank. It would, therefore, appear that 'excess basement' is in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asement over the sanctioned basement works out to 5450 sq. ft. and of which the water storage tank measures 4095 sq. ft. and the under-ground tunnel measures about 500 sq. ft. and, therefore, ss. 343 and 344 of the Act were attracted. The contention of learned counsel appearing for the Municipal Corporation is that the Express Newspapers Pvt. ltd. have been guilty of suppressio veri as they have not mentioned the fact that on the objection of the Municipal Authorities, they deleted all the aforementioned three portions set out in the notice. It was urged that the construction of these structures was admittedly carried on in violation of the sanctioned plan. It was pointed out that the tank as recommended by the Chief Fire Officer by his letter dated January 5, 1979 was for the construction of an underground water storage tank over the area of 550 sq. ft. for the requirement of fire fighting and fire protection measures. It was, however, asserted that the recommendation of the Chief Fire Officer was not according to building bye- laws and, therefore, not binding on the Municipal Corporation. The proposal for the construction of a water storage tank in a corner of the building cov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it appears that the Municipal Corporation while granting sanction to the building plan on January 9, 1979, got deleted the basement beyond plinth line as well as the second basement with the observations that 'it in no manner overpowers the authority of the Delhi Development Authority or any other person or body'. In view of the difficulty created, the Express Newspapers Pvt. Ltd. did not construct the second basement of 14,440 sq. ft. but limited the construction to a working platform of about 6000 sq. ft. The Express Newspaper Pvt. Ltd. have specifically averred in sub-paras (a) to (k) or para 33 that the machines they have planned to instal and which have been specifically permitted to instal in the basement by the Delhi Development Authority, are of 24 sq. ft. in height from the foundation. This is the reason why on account of which, the height of the basement has been sanctioned at 26 ft. The newsreels are fed at the bottom of those machines and the printed matter is collected at the top i.e. On the second basement for delivery to vans and trucks at the street level. The Express Newspapers Pvt. Ltd. have produced photographs which show the two levels of the machine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reels which are highly combustible. The ink a large stock of which has also to be stored in the basement is also highly combustible. Moreover, the number of electric wires and connections is 80 large that it could not run the risk of a wooden platform. Finally, if wooden platform was constructed, considering the heavy loads it would have to bear, would have required frequent and extensive maintenance. A working platform of steel would have presented similar problems; it is a conductor of electricity and hence a hazard to the workmen and it would have been extremely noisy which would have required frequent and extensive maintenance. Thus, from all points of view, those of safety, G economy and efficiency, the petitioners cast a R.C.C. slab as being more appropriate for the needs of the Press. From the photographs on record, it is quite apparent that the printing press is a heavy machinery which is installed on the lower basement with a height of 24 ft. The petitioners have alleged that in the Indraprastha Estate itself, buildings of the National Herald, Institute of Chartered Accountants, the Times of India and Milap, amongst others, have more than one floor beneath the ground f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the learned counsel appearing for the Municipal Corporation is that under the Master Plan and the Building Bye-laws, not more than one basement is permissible and that any basement more than one will have to be reckoned for the purpose of FAR appears to be only mis-conceived. It is evident from page 16 of the Printed Master Plan and the Zonal Development Plan for D-II area at pages 935 and 936 that semi-basement, meaning a second basement is permissible under the Master-Plan as well as the Zonal Development Plan. The Bye-laws of the Delhi Municipal Corporation do not prohibit second basement and on the contrary bye-law 54 uses the term 'basements'. In respect of commercial zone in Minto Road in Ranjit Singh Road, bye-law 25 (2) (IV) specifically provides for a semi-basement. Our attention was drawn to the statement of the Minister for Works Housing made in the Parliament on November 5, 1982, showing that in the Meridian Hotel, a 5-Star hotel, sponsored by M/s. Pure Drinks not only two basements have been permitted but also a semi- basement and a service floor without reckoning any one of them for computation of FAR. Further, the advertisements issued by the Delhi D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e shall be considered having regard to consideration of justice and the needs of the petitioners and also taking into consideration that the new building has been constructed for installing a printing press and that the press so installed cannot function without the working platform which the Express Newspapers Pvt. Ltd. have already constructed, as well as the fact that the underground passage has been constructed by them for inter-connecting the new building with the existing Indian Express Building. He further states that the Municipal Corporation will compound the deviation which is minimum on payment of such composition fee as is payable under the bye-laws. Learned counsel states that this shall not be treated as precedent for others. Applicability of the doctrine of promissory estoppel : In my considered opinion the Express Newspapers Pvt. Ltd. having acted upon the grant of permission by Sikandar Bakht the then Minister for Works Housing and constructed the new Express Building with an increased FAR of 360 and a double basement in conformity with the permission granted by the lessor i.e. the Union of India, Ministry of Works Housing with the concurrence of the Vice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... artment was the Ministry of Pensions which the War Officer had not consulted. The Ministry later decided that the disability was not attributable and the Pension Appeal Tribunal upheld that decision. In relying on the War Office letter the claimant had refrained from getting a medical opinion and adducing the other evidence which might have strengthened his case for such disability pension against the Ministry. On appeal to the Court, Denning, J. reversed the decisions of the Ministry and the Tribunal holding that the Crown was bound by the War Office letter and observe : The Crown cannot escape by saying that estoppels do not bind the Crown, for that doctrine has long been exploded. Nor can the Crown escape by praying in aid the doctrine of executive necessity, that is, the doctrine that the Crown cannot bind itself so as to fetter its future executive action. It would appear that Denning, J. evoked two doctrines : (1) that assurances intended to be acted upon and in fact acted upon; were binding; and (2) that where a Government department wrongfully assumes authority to perform some legal act, the citizen is entitled to assume that it has that authority, and he dismissed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered his position to his prejudice. In MotiLaL Padampat Sugar Mills Co.(P) Ltd. y. State of Uttar Pradesh Ors., [1979] 2 S.C.R- 641, Bhagwati, J. speaking for himself and Tulzapurkar, J. laid great stress on the facts that the principles laid down by Denning, J. in Robertson's case were accepted by the Court in the Indo Afghan's case but accepted the rejection of Lord Simonds and Lord Normands in Falmouth's case of the extended principles enunciated by Denning, J. in Robertson's case as Laying down the-correct law. But the learned Judge went down to say that this rejection did not mean that there could be no estoppel against the Crown or the public authority. I am not oblivious that there was a discordant note struck by Kailasam, J. speaking for himself and Fazal Ali, J. in Jit Ram Shiv Kumar Ors. v. State of Haryana Anr., [1980] 3 S.C.R. 689, holding that the doctrine of promissory estoppel cannot be invoked for preventing the Government from discharging its functions under law. It is also not applicable when the officer and the Government act out-side the scope of their authority. The doctrine of ultra vise will in that event come into operation and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Pvt. Ltd. sought permission to construct the new Express Building with an FAR of 360 for the purpose of their press only as they intended to start a Hindi daily newspaper from Delhi. He clarified that the sub-letting of portions thereof in the year 1982 to the Reserve Bank of India and the Steel Authority of India with the permission of the Court was subject to the giving of an undertaking by the sub-lessees that they would vacate the premises under the orders of the Court, and this was purely an ad-interim arrangement. He further stated that the Express Newspapers Pvt. Ltd. in these petitions do not claim to enforce any right to sub-let any part of the new building; and, if and when they seek to sub-let any part thereof, they would apply to the lessor i.e. the Ministry of Works Housing for permission for change of user and pay the necessary additional ground rent and conversion charges as applicable to others in the Press Enclave situate at Bahadurshah Zafar Marg. Dr. L.M. Singhvi appearing for respondent no. 5 , the Land Development Officer made a statement that the notice issued by the Engineer Officer dated March 10, 1980 in supersession of his earlier notice dated Mar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... commercialization rate of ₹ 750 per sq.yard for the residual area of 2740 sq.yards at the date of permission for the residual area, the amount works out to 2740 x 1/2 = 11.02 lacs. Upon that basis, out of this, a sum of ₹ 6.9 lacs was admittedly spent by the Express Newspapers Pvt. Ltd. for diverting the sewer to make the land buildable. The rate of commercialization charges was admittedly ₹ 750 per sq.yards in the press area in the Mathura Road commercial complex for the period from April 14, 1976 to March 31, 1979 when there was an upward revision of the said rates. Our attention was drawn to the notification of the Government of India dated May 15, 1974 laying down rates for the period from April 14, 1976 (item 67 relates to the press area) and the notification dated June 25, 1979 revising the above rates w.e.f. April 9, 1979 (Group 3, item 5 relates to the press area). It is further submitted that the formula furnished by Dr.Singhvi, learned counsel appearing for respondent no.2 , the Lt. Governor and respondent no.5 the Land Development Officer for computation of conversion charges for change of user is wholly inaccurate. It overlooks the fact that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xpress Building into a real estate venture by grossing nearly a crore of rupees of rental per month by means of this writ petition. It is stated that the liability of the Express Newspapers Pvt. Ltd. now is enormous because of commercial sub-letting instead of newspaper use. They have not yet applied to the lessor and as and when they to, they would be liable to pay conversion charges at the prevailing rates. That would obviously come to a amount much larger than ₹ 50,425 tendered by the Express Newspapers Pvt. Ltd. by cheque dated September 21, 1982 because of admitted commercial sub-letting. He stated that the Express Newspapers Pvt. Ltd. would have to pay a large amount of money as subletting charges as permission for FAR of 360 though illegally given, was accorded only for newspaper use. The Express Newspapers Pvt. Ltd. therefore stand to gain crores of rupees in rental income at the rate of ₹ 16 per sq.ft. per month from the huge additional constriction. If ant when permission is granted under the lease they would have to make at least one lumpsum payment to the lessor who owns the land in addition to further additional ground rent. It is accordingly stated that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 36,000 per acre. 2. Additional ground rate (AGR) payable per annum on this account = Conversion charges ) )x 2-1/2 for green space ) Arrears of A.G.R. from 1978 to 1983 (five years) plus interest. Dr. Singhvi appearing for respondent no.5 , Land Development Officer submits that unless the Express Newspapers Pvt. Ltd. furnished the Municipal Corporation of Delhi the sanctioned plans asked for in the impugned notice, it is not possible to work out the conversion charges and other charges and submit the same for approval to the Ministry of Works Housing and after receipt of their approval to intimate the same to the lessee i.e. the Express Newspapers Pvt. Ltd. According to the learned counsel a rough estimate of the charges payable by the Express Newspapers Pvt. Ltd. On the basis of the date available with the Municipal Corporation of Delhi was arrived at as given in the chart given above, if commercial sub-letting were to be permitted. On the basis of the calculations therein the estimated conversion charges come to approximately ₹ 3.30 crores. The learned counsel a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of India, Ministry of Works Housing requiring the Express Newspapers Pvt. Ltd. to show cause why the lessor i.e. the Union of India, Ministry of Works Housing should not re enter upon and take possession of plots nos. 9 and 10, Bahadurshah Zafar Marg, New Delhi together with the Express Building built thereon, under cl.5 of the indenture of lease dated March 17, 1958 for alleged breaches of cls. 2(5) and 2(14) thereof, and the earlier notice dated March 1, 1980 issued by the Zonal Engineer (Building), City Zone, Municipal Corporation, Delhi requiring them to show cause why the aforesaid buildings should not be demolished under 88. 343 and 344 of the Delhi Municipal Corporation Act, 1957, are quashed. It is declared that the construction of the new Express Building on the residual portion of 2740 square yards on the western side of plots nos. 9 and 10, Bahadurshah Zafar Marg with an increased FAR of 360 with a double basement for installation of a printing press for publication of a Hindi daily newspaper was with the permission of the lessor i.e. the Union of India, Ministry of Works Housing and did not constitute a breach of clauses 2(5) and 2(14) of the lease-deed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Union Government in regard to the lease in question and that he could take the steps he had taken under the lease thus stands repudiated. It is unfortunate that the Lt. Governor persisted in justifying his action even after the learned counsel for the Union of India had disowned all the actions of the Lt. Governor. The Lt. Governor failed to make a distinction in this case between the power with respect to the subject 'Property of the Union and the revenue therefrom' which is in Entry 32 of List I of the Seventh Schedule to the Constitution and the general powers of administration entrusted to him under Article 239 of the Constitution as the Administrator of the Union Territory of Delhi. The property in question is a part of the estate of the Central Government. Mere nearness to the seat of the Central Government does not clothe the Lt. Governor of Delhi with any power in respect of the property of the Central Government. He can discharge only those powers which are entrusted to him by the Constitution and the laws. It is also not correct to claim that all the powers of the former Chief Commissioner of Delhi have devolved on the Lt. Governor and continue to vest in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... existed before the impugned notice dated March 10, 1980 was issued by the Engineer Officer of the Land and Development Office to vindicate their respective rights in accordance with law. This order is made without prejudice to the right of the Union Government to compound the breaches, if any, committed by the lessee and the regularise the lease by receiving adequate premium there- fore from the lessee, if it is permissible to do so. It is open to the Delhi Municipal Corporation to examine the matter afresh independently and to take such action that may be open to it in accordance with law. The Delhi Municipal Corporation may, if so advised, instead of taking any further action against the petitioners permit the petitioners to compound the breaches, if any, committed by them in accordance with law. I allow the petitions accordingly. The costs of the petitioner No. 1 shall be paid by the Union Government and the Lt. Governor of Delhi. There shall be no order as to costs against the other respondents. The other petitioners shall bear their costs. MISRA, J. I have perused the judgment prepared by brother Justice A.P. Sen as also the judgment of brother Justice E.S. Venkatara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring in the case which he believes to be true. Along with the application for review he has annexed a letter dated October 12, 1985 addressed by Shri P.P.Singh who was assisting Shri L.N.Sinha asserting that the learned counsel had never advanced the arguments attributed to him the judgment and a letter of Shri M.C. Bhandare, dated October 13, 1985 addressed to Shri B.P. Maheshwari, Advocate-on-Record of respondent no.3 , Municipal Corporation of Delhi denying that he ever made the statement attributed to him at pp. 189-190 of the judgment delivered by one of us (Sen, J). In the first letter, Shri P.P. Singh writes to say : There are certain statements in the judgment which are attributed to Shri Sinha having made in the course of his arguments which do not seem to be correct as having been made by him. I have discussed the matter with Mr. Sinha and he agrees with me that it is not correct that he made the following statements during his course of arguments : (a) He has further submitted that the land leased under the lease deed being nazul land is exclusively owned by the Union Government and the powers delegated to the former Chief Commission of Delhi under the lease deed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which the Express Newspapers Pvt. Ltd., have already constructed, as well as the fact that the underground passage has been constructed by them for inter-connecting the new building with the existing Indian Express Building. He further states that the Municipal Corporation will compound the deviation which is minimum on payment of such composition fee as is payable under the bye-laws. Learned counsel states that this shall not be treated as a precedent for others. (pages 189-190 of the Judgment) After settling out what he mentions were his submissions, he says: ....... I never made the statement attributed to me. However, I did say that any cause shown by the petitioners would be considered in accordance with law. I may categorically state that there was no statement on my part that the deviation were minimum or that the Municipal Corporation of Delhi would compound the deviations on payment of such composition fee as was payable under the bye laws. This assumes that the composition is permissible under the bye-laws, which was a disputed matter. I did not state that this should not be treated as a precedent for others. I never made an argument whereby I contended th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cate-on-Record of respondent no. 1., Union of India or that between Shri M.C. Bhandare, and Shri B.P. Maheshwari, Advocate-on-Record for respondent no. 3, Municipal Corporation of Delhi. As regards the allegation made by Shri M.C. Bhandare in his letter dated October 13, 1985 addressed to Shri B.E. Maheshwari it is enough to mention that we recorded three statements made by counsel during the course of hearing. We distinctly remember that on September 14, 1983 during the course of hearing we required learned counsel appearing for the parties to clarify the legal position. Two of the statements were recorded on September 14 1983, one by Dr. L.M. Singhvi appearing for respondent No. 2, Lt. Governor of Delhi and respondent No. 5, Land Development Officer as to the amount of conversion charges payable, and the other by Shri Arun Jaitley appearing for the petitioners regarding the willingness of the Express Newspapers Pvt. Ltd. to pay the conversion charges. The third statement by Shri M.C. Bhandare learned counsel for respondent No. 3, Municipal Corporation of Delhi was recorded on September 15, 1983 signifying the willingness of the Municipal Corporation of Delhi to compound the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... several statements which were far from accurate but we refrained from taking any action. This crude attempt on his part by filing this review application on totally false allegations is an attempt to subvert the course of justice. His conduct in casting serious aspersions on the Court by suggesting in paragraph 10 that the delay in the pronouncement of the judgment was responsible for 'facts stated and submissions made on behalf of the respondent, having a decisive bearing on the case' escaping ' the attention of their Lordships' virtually amounts to gross contempt of Court. We cannot also help in observing that there has in this case been lamentably complete lack of candour and want of probity on the part of some of the counsel in making factually incorrect statements and thereby casting aspersions on the Court. The review application is accordingly dismissed. Nothing that we have said will affect the separate judgements delivered by each one of US. We direct the Registrar of this Court to keep the documents enumerated hereinafter in sealed covers under his custody, namely: 1. The minute-book of the Court proceedings maintained by the Court Master, dated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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