Verdict Over Notice To Vacate National Herald Building On Friday

Verdict Over Notice To Vacate National Herald Building On Friday

Justice Sunil Gaur had reserved his decision on November 22 on Associated Journals Limited or ALJ's plea against the government's October 30 notice.

NEW DELHI: The Delhi High Court is scheduled to pronounce on Friday its verdict on a plea by Associated Journals Ltd (ALJ), publisher of National Herald, which has challenged centre's order ending its 56-year-old lease asking it to vacate premises at New Delhi's ITO area.

Justice Sunil Gaur, who was hearing the matter, had reserved his decision on November 22 on ALJ's plea against the government's October 30 notice.

The court on the last date had asked the centre what the justification was to re-enter the premises now when the publication of National Herald has commenced.

The centre and the Land and Development Office (L&DO) had told the court that re-entry notice was issued as it had initiated the proceedings back in 2016 when no printing or publishing activity was going on.

All the procedures have been followed to the hilt before issuing the notice for re-entry to ALJ, it had said.

"Procedure might are followed, but by the time re-entry notice was issued, they were running a newspaper," the court had said.

ALJ had opposed the centre's stand, saying that publication of web editions began in 2016 and the issue of the absence of the printing press in the premises was not raised then.

It had said the government kept silent till April 2018 when it again sent a notice for inspection and in which it had said that it was coming to check breaches mentioned in the notice of October 10, 2016.

ALJ had also argued that several major papers carry out printing elsewhere.

While reserving judgment, the court had said that the government cannot straightaway throw out ALJ without first proceeding under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.

The court had earlier asked the govt. to keep up established order with relevance social control of the October thirty order.

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The centre had, during arguments, contended that transfer of 98 per cent stake in ALJ to Young Indian (YI) when the latter bought the former's Rs. 90 crore debt for a consideration of 50 lakh, LED to a "virtual" clearance of the Herald building.

In its petition, the ALJ has alleged that the proceedings by the ministry were being initiated for the purposes of "scuttling the voices of dissent" and the voice of the largest opposition party within the country, a reference to the Congress.

Without naming the BJP, the ALJ has further alleged that the order issued under pressure and directives from the ruling party at the Centre is vitiated by mala fide, bias and had "oblique political motives".

The L&DO, which comes under the ministry, had ended the lease -- entered into with ALJ on August 2, 1962, and made perpetual on January 10, 1967 -- asking the company handy over the possession by Gregorian calendar month fifteen.

The L&DO's order had also said that failure to hand over possession would lead to the initiation of proceedings under the Public Premises Act.

In its plea, ALJ has also said that the digital versions of English newspaper National Herald, Hindi's Navjivan and Urdu's Qaumi Awaz have commenced since 2016-17.

The weekly newspaper 'National Herald on Sunday' resumed on September 24 last year and the place of publication was the ITO premises, ALJ had said, adding that the Hindi weekly newspaper Sunday Navjivan was conjointly being revealed since October this year from an equivalent premise.