Justice Prathiba M Singh noted that the government’s termination notice was never properly served to The Indian Express.
NEW DELHI: The Delhi High Court on Friday(30th Aug) quashed a 47-year-old eviction notice issued by the Central Government against The Indian Express, seeking to evict the newspaper from its Bahadur Shah Zafar Road office in Delhi.
The Court ruled that the Government’s attempts to evict the paper were aimed at stifling press freedom and cutting off its financial resources.
Justice Prathiba M Singh noted that the government’s termination notice was never properly served to The Indian Express.
“The issuance of notices directing tenants to deposit rent with the L&DO was an entirely malicious act by the then Government. The sole intent was to suppress Express Newspapers and deplete its financial resources. Consequently, these notices are deemed arbitrary and mala fide. Specifically, the notice dated November 2, 1987, which terminated the lease, was never served to Express Newspapers; a copy was obtained later. The newspaper learned of it through a news report in The Times of India dated November 15, 1987. This conduct by the Government was, at best, motivated,”
the Court stated.
The Court condemned the government’s conduct as motivated and arbitrary, declaring the notices invalid and ordering the Government to pay Rs 5 lakh in costs to The Indian Express.
Background
The land for the Express Building was originally allocated to the newspaper’s founder, Ram Nath Goenka, by the Jawaharlal Nehru government in the 1950s. After initially being allotted a plot near Tilak Bridge, Goenka accepted a plot on Bahadur Shah Zafar Road at Nehru’s request.
In March 1980, the Central Government issued a re-entry and demolition notice to the paper, which was perceived as retaliation for its coverage of the government’s excesses during the Emergency under Indira Gandhi. The matter reached the Supreme Court, which in 1986 ruled in favor of The Indian Express, declaring the government’s notices unconstitutional under Article 19 (1)(a) and (g).
Despite the Supreme Court’s ruling, the Government continued to issue notices, eventually claiming to have taken over the Express Building as reported by The Times of India on November 15, 1987. The Indian Express denied receiving any official notice and challenged the government’s actions in court.
The government, among other allegations, accused the newspaper of unauthorized commercial use of the premises and unapproved construction. When the High Court sought a computation of dues from the paper, the government initially claimed Rs 17,684 crores, a figure later reduced to ₹765 crores after repeated queries.
Justice Singh ruled that the government’s computation was exaggerated and dismissed the fresh notice of termination, finding it in disregard of the Supreme Court’s 1986 judgment.
The Court concluded that The Indian Express had not violated its lease terms and was liable only for conversion charges and additional ground rent totaling around Rs 64 lakh.
Case Title: Union of India v Express Newspapers Limited & Ors
