In a landmark ruling, the Delhi High Court has quashed a 37-year-old eviction notice issued by the Centre against Express Newspapers, labeling the government’s decision as arbitrary and motivated by malice. The court’s decision addresses a long-standing legal battle over the ‘Express Building’ located on Bahadur Shah Zafar Marg.
Justice Prathiba M Singh presided over the intertwined lawsuits, one initiated by the central government seeking possession of the building, and the other by Express Newspapers contesting the eviction notice. Both cases stem from actions taken back in 1987 when the Congress government was in power.
The court ruled that the notices issued for lease termination and re-entry by the Land & Development Officer (L&DO), under the Ministry of Housing and Urban Development, were unlawful. As a result, the notices have been declared null and void, affirming that the Union of India is not entitled to possession of the property.
However, Express Newspapers has been directed to pay approximately Rs 64 crore to the Centre. This amount covers “conversion charges,” “ground rent,” and “additional ground rent” associated with the property, as determined by the court.
In her 118-page judgment, Justice Singh stated that the allegations of lease condition violations by Express Newspapers—such as using the property for commercial purposes, subletting, and unauthorized construction—were not substantiated by the records. She further noted that these issues had already been addressed by the Supreme Court in a 1985 case, which limited the Centre’s claims to certain financial charges.
The judgment highlighted the government’s actions as an attempt to “muzzle Express Newspapers and dry up its source of income.” It was noted that the eviction notice dated November 2, 1987, was never directly served to Express Newspapers, which only learned of the notice through a news report in another newspaper.
The court underscored the importance of a free press as a pillar of democracy, beginning its judgment with a quote from Nelson Mandela. The legal dispute was contextualized within the broader historical events of the Emergency period from 1975-1977, during which Express Newspapers played a critical role in maintaining journalistic independence.
