LexEXPRESS NEWSPAPERS PVT. LTD. & ORS. versus UNION OF INDIA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
382
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EXPRESS NE.l/SPAPERS PVT, LTD. & ORS.
Vo
UNION OF INDIA & ORS,
OCTOBER 7, 1985/NOVEMBER 5, 1985
[A.P. SEN, E.S. VE.NKATARAMI1111 MD R.B. MISRA, JJ.]
Articles 32 & 226 - Executive action challenged on grounds
of violjitions of Art. 14, 19(l)(a) & (g) by writ petition -
Maintainability of -
Issues pertaining to civil rights arising
out of contracts between parties - Whether can be decided on mere
affidavits. lleld: Filing of civil proceedings only remedy - Civil
Procedure Code, s.9.
Articles 19(1) (a) and (2) -
Freedon, guaranteed under -
Whether comprehends freedom of press. - Violation of such freedom
- How to be determined.
Articles 239(1), 53(1), 72,77, 240 & 298 - Lt. Governor of
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Delhi - Whether successor of the former Chief Commissioner of
Delhi - Whether has power to deal with allotment/lease etc. of
lands falling ··1ithin Union Territory of Delhi and which is under
control and adm:f.nistration of I.and & Development Officer and
vests in Govt. of India, ~dnistry of works & Rousing -
Govt. of
Part 'C' States Act 1951, sec. 21, Proviso, Authentication
E
(Orders & Other Instruements) Rules 1958, Govt. of India (Allo-
cation of Business) Rules 1961 & General Clauses Act 1897, s.18.
Local Authorities -
Delhi Development Act, 1957 ss.53(3)(a), 12(4), 14,41 and
F
2{d) -
Construction of a building -
Permission obtained from
competent authority under the Act -
whether it will prevail
notwithstanding anything inconsistent therewith in any other law.
Delhi Municipal Corporation Ac~ 1957 ss .343, 344 and 481
read with Delhi Nunicipal Corporation (Buildings) Bye-laws 1959 -
G
Bye-laws 25(2) -
(IV-B), 21(1), 22(V) and 2(33) -
Show cause
notice for taking action u/ss.343 & 344 -
Validity of -
Permission already granted by competent authority under Delhi
Development Act 1957 to raise the structure and acted upon -
Whether raising cf structure can be questioned under ss.343, 344
- Applicability of bye-laws -
Hei~ht of builoing - Restriction of
H
EXPRESS NEWSPAPERS v. u.o.r.
383
-
How
to be decided -
Construction of press building with
increased FAR of 360 with double basement for installation of
printing press - Validity of - Master Plan aad Town Planning -
Whether construction legal and . in compliance with terms and
conditions of lease deed - Notice of re-entry upon forfeiture of
lease - Validity of.
Specific Relief Act 1963, ss. S,6 and 9 - Perpetual lease
granted
to
a
private
limited
company
by
government
for
construction of building - Provisions in lease deed for Govt. 's
right of re-entry in case of breach of lease terms -
Whether
lessor can enforce that right by resort to summary procedure -
Recourse to Public Premises (Eviction of Unauthorised Occupants)
Act,
1971
-
When
arises -
·Public Premises
(E••iction of
Unauthorised Occupants) Act, 1971, _ss.2(3), and (g) and 5.
Government hrants Act 1895, s.3 - Effect of. 0
Administrative Law - Mala Fides - Allegations of - Misuse
of Power in bad faith for collateral purpose - \Jhether amounts to
mala fide Pxercise of power -
Burden and nst,.i:e of proof -
Allegations tc be definite, specific and not v_ague -
Court to
accept them as true, if not controverted on affidavits.
Doctrine . of ultra vires -
Scope of -
Fraud on power -
Meaning of -
Exercise of power in good faith and misuse in bad
faith - Distinction between.
Doctrine of Promissory Estoppel -
Applicability
of -
Whether applicable against government - Limitations - What are.
The Central Government had i::I. the year 1949 demarcated the
press area along the Bahadur Shah Zafar Msrg, New Delhi. It
consisted of plots Nos. l to 10 known as Press Enclave as a
C011111ercial
complex.
These
plots
were
alloted
to various
newspapers like the Indian Express, Times of India, Patriot,
National Herald, etc. Petitioner No.1, Expr""s Newspapers Private
Ltd,, eggaged in the business of printing and publishing a
national newspaper, Indian Express (Delhi Edition), was alloted
plot nos. 9-10 Bahadur Shih'> Zafar Marg, New Delhi by an indenture
st}led as an "agreement for lease" executed on Msy 26, 1954
between the petitioner and the Secretary (Local self-government)
to the Chief Commissioner of Delhi by the orders and directions
of the President of India for the construction of a four storeyed
building meant to be used for a newspaper.
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384
SUPREME COURT REPORTS
[1985] SUPP.3 s.c.R.
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