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1985 Supreme(SC) 344

SUPREME COURT OF INDIA
A.P. SEN, E.S. VENKATARAMIAH AND R.B. MISRA, JJ.*
Express Newspapers Pvt. Ltd. and others, Petitioners
Versus
Union of India and others, Respondents.
Writ Petns. Nos. 535-539 of 1980
 Decided on 7-10-1985.
Advocates appeared
Mr. F. S.Nariman, Sr. Advocate, Mr. P. H.Parekh, Mr. Arun Jetely and Mr. Pinaki Misra, Advocates with him, for Petitioners ; Mr. Lal Narayan Sinha, Mr. M. M. Adbul Khader, Sr. Advocates, Miss A. Subhashini, Mr. C. V. Subba Rao and Mr. P. P. Singh, Advocates with them ( for No.1) Mr. L. M. Singhvi, Sr, Advocate, Miss A. Subhashini and Mr. Roshan Lal Tandon, Advocates, with him (for No.2) Dr. L. M. Singhvi, Sr. Adv. and Miss A. Subhashini, Advocate with him (for No., 5.) Dr. L. M. Singhvi, Sr. Advocate, Miss A. Subhashini and Mr.Abishek Manu Singhvi, Advocates with him (for No.6.), for Respondents.

Headnote:TREAT TO FREEDOM OF PRESS - HOWEVER PRECIOUS AND CHERISHED THE FREEDOM OF SPEECH IS UNDER ARTICLE 19(i)(a)—THIS FREEDOM IS NOT ABSOLUTE AND UNLIMITED AT ALL TIMES AND UNDER ALL CIRCUMSTANCES—It IS SUBJECT TO RESTRICTIONS CONTAINED IN ARTICLE 19(2) - WRIT PETITION ABUSE OF AUTHORITY MUST APPEAR TO BE REASONABLY PROPER - VAGUE ALLEGATIONS OF MALAFIDE ARE NOT ENOUGH - DISTINCTION BETWEEN EXERCISE OF POWER IN GOOD FAITH AND MISUSE IN BAD FAITH - WRIT PETITION ALLEGING MALAFIDES—IT IS NOT FOR THE PARTIES TO SAY WHAT IS RELEVANT OR NOT HELD THE MATTER IS ONE FOR THE COURT TO DECIDE - WRIT PETITIONS—PLEADINGS—REQUISITES - BREACH OF TERMS OF LEASE - CONSTRUCTIONS ON THE LAND UNDER REGISTERED LEASE WITH DUE SANCTION OF THE LESSOR — GOVERNMENT — HELD NOT PUBLIC PREMISES - OCCUPATION — UNAUTHORISED - LEIUTENANT GOVERNOR OF DELHI IS NOT SUCCESSOR OF THE CHIEF COMMISSIONER OF DELHI.

Judgement Key Points

The court considered multiple factors and principles to reach its findings, including:

  1. Legal Authority and Jurisdiction: The court examined whether the authorities issuing the notices had the proper legal power and authority under the lease agreement, relevant statutes, and constitutional provisions. It analyzed whether the officers acted within their constitutional and statutory powers or exceeded them, especially in relation to the powers of the Lt. Governor and the Land & Development Officer (!) (!) .

  2. Validity of Permissions and Sanctions: The court evaluated whether the permission granted by the relevant authorities for construction, including the construction with an increased FAR and additional basements, was valid, proper, and in accordance with the applicable master plans, development plans, and bye-laws. It considered whether the approvals were given by authorized persons and whether they conformed to statutory requirements (!) (!) (!) .

  3. Compliance with Statutory and Planning Regulations: The court scrutinized whether the construction and land use complied with the provisions of the relevant development laws, master plans, zonal development plans, and building bye-laws. It assessed whether the construction adhered to permissible FAR, coverage, height restrictions, and other planning norms (!) (!) (!) .

  4. Legal Effect of Permissions and Sanctions: The court examined whether the permissions granted, especially those by the Ministry of Works & Housing and the Delhi Development Authority, had an overriding legal effect, and whether subsequent actions to revoke or question these permissions were lawful or amounted to abuse of power (!) (!) .

  5. Mala Fide and Political Motivation: The court considered whether the impugned notices and actions were motivated by mala fide intentions, political vendettas, or extraneous considerations, especially in light of the timing, sequence of events, and the conduct of authorities after assuming office. It looked into whether the actions were arbitrary, discriminatory, or based on improper motives (!) (!) (!) .

  6. Procedural Fairness and Due Process: The court evaluated whether the notices were issued following proper procedures, including whether the authorities applied their mind, followed statutory procedures, and whether the notices were issued based on genuine and relevant grounds or were merely exploratory or preliminary steps (!) (!) .

  7. Constitutional Rights and Freedoms: The court analyzed the impact of the impugned notices on fundamental rights, particularly the rights to freedom of speech, expression, and the press, and whether the actions threatened to infringe upon these rights unlawfully or excessively. It considered whether the notices were a means to suppress or control the press, which would be unconstitutional (!) (!) .

  8. Doctrine of Promissory Estoppel and Reliance: The court took into account whether the parties had acted upon prior assurances, permissions, or sanctions, and whether the government was estopped from revoking or challenging such permissions due to their reliance and construction undertaken in good faith (!) (!) (!) .

  9. Effect of Statutory Provisions and Hierarchy of Laws: The court considered the hierarchy of laws, including the overriding effect of the relevant development and municipal laws, and whether the actions of authorities were in conformity with or contrary to these laws. It also examined whether the statutory procedures for enforcement, such as re-entry or demolition, were properly followed (!) (!) (!) .

  10. Constitutional and Administrative Hierarchy: The court reviewed the constitutional position of the authorities involved, including the powers of the Union of India, the President, the Lieutenant-Governor, and the local bodies, and whether the authorities acted within their constitutional and statutory limits or usurped powers unlawfully (!) (!) (!) .

  11. Motive and Good Faith of Administrative Actions: The court scrutinized whether the actions were taken in good faith or driven by improper motives, malice, or political considerations, and whether there was any abuse of power or misuse of statutory authority (!) (!) (!) .

  12. Evidence and Record Examination: The court considered the documentary evidence, official records, approvals, correspondence, and affidavits to determine the factual accuracy of claims regarding permissions, approvals, and compliance with laws (!) (!) (!) .

In summary, the court's decision was based on a comprehensive review of the legal authority, procedural correctness, compliance with planning laws, constitutional rights, and the motives behind the actions, emphasizing whether the authorities acted within their lawful powers and in good faith or whether their actions were arbitrary, mala fide, or politically motivated.


JUDGMENT

SEN, J.:— These petitions under Art. 32 of the Constitution are by petitioner No. 1, the Express Newspapers Pvt. Ltd., which is a company incorporated under the Companies Act, 1956 engaged in the business of printing and publishing the national newspaper the Indian Express (Delhi Edition) from the Express Buildings at 9-10, Bahadurshah Zafar Marg, New Delhi, held on a perpetual lease from the Union of India under a registered indenture of lease dt. Mar. 17, 1958. It is a wholly owned subsidiary of petitioner No. 2, the Indian Express Newspapers (Bombay) Pvt. Ltd. of which petitioner No. 3 Ram Nath Goenka is 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.

2. Respondent 1 is the Union of India, 2 is Jagmohan, Lt. Governor of Delhi, 3 the Municipal Corporation of Delhi, 4 the Zonal Engineer (Buildings), 5 the Land & Development Officer, etc.

3. 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 dt. 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. Ltd., 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 dt. 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 notice dt. March 1, 1980 issued by the Zonal Engineer (Buildings), Municipal Corporation, City Zone, Delhi to petitioner No. 1, the Express Newspapers Pvt. Ltd., New Delhi to show cause why the aforesaid buildings being unauthorized should not be demolished under Ss. 343 and 344 of the Delhi Municipal Corporation Act, 1957.

4. The petitioners allege that the impugned notices of re-entry upon forfeiture of lease and of threatened demolition of the Express Buildings at Bahadurshah Zafar Marg, New Delhi which constitute the nerve-centre of the newspaper the Indian Express which has the largest combined circulation among all the daily newspapers in India and is published simultaneously from eleven cities in the country, are wholly mala fide and politically motivated. They further allege that the impugned notices constitute an act of personal vendetta against the Express Group of Newspapers in general, and Ram Nath Goenka, Chairman of the Board of Directors in particular, and are violative of Arts. 14, 19(1)(a) and 19(1)(g) of the Constitution. We are informed that a teleprinter is installed at the Express Buildings at Bahadurshah Zafar Marg from where the Delhi edition of the Indian Express is published and the editorials, editorial policies and leading articles are transmitted to ten cities all over India from where the other editorial of the Indian Express are published simultaneously every day, namely, Ahmedabad, Bangalore, Bombay, Chandigarh, Cochin, Hyderabad, Madras, Madurai, Vijaywada and Vizianagaram.

5. The issues raised in this case are far-reaching in significance to the maintenance of our federal structure of Government. It necessarily involves a claim by the Lt. Governor of Delhi that he has power and authority to administer properties of the Union of India within the Union Territory of Delhi which he is called upon to administer. The questions presented are whether the Lt. Governor of Delhi could usurp the functions of the Union of India, Ministry of Works & Housing and direct an investigation into the affairs of the Union of India i.e. question the legality and propriety of the action of the then Minister for Works & Housing in the previous








































































































































































































































































































































































































































































































































































































































































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