Reliance challenging the eviction process started by the New Delhi Municipal Council (NDMC) against Le Meridian Hotel
Questioning the locus standi of Reliance Industries and terming it a "proxy litigation", the Delhi High Court on Tuesday dismissed a petition filed by Reliance challenging the eviction process started by the New Delhi Municipal Council (NDMC) against Le Meridian Hotel.
Justice J R Midha, while dismissing the petition, also imposed a fine of Rs 2 lakh on Reliance Industries, a sub-licensee of Le Meridian Hotel occupying the fifth floor of the commercial tower situated in the hotel.
Rejecting the plea, which sought the quashing of eviction proceedings pending before the EO court of the NDMC, the court said the petitioner does not have any locus in the present petition.
The civic body, which looks after the Lutyen's Delhi, had issued an eviction notice to CJ International, operator of Le Meridian to evict the premises allotted to it in the NDMC area, following the failure to pay dues worth Rs 605 crore.
CJ International challenged this in the Delhi High Court, which dismissed the petition, following which the NDMC issued a public notice threatening to cut its power and water supply. The decision of the single bench was challenged again and is pending in the high court.
Appearing for Reliance, its counsel Diljit Singh Ahluwalia, contended that proceedings initiated by Estate Officer have civil consequences for the petitioners, if CJ Hotels was to be evicted, petitioners would ipso facto be evicted.
Ahluwalia said that the Estate Officer was mandated under the principles of natural justice to issue a showcause notice to all the occupants. This was also the express mandate of Section 4 of the Public Premises Act and it not having been done, the proceedings are violative of natural justice.
The court, however, said that it is a gross violation of the judicial process and observed that petitioners have already filed a writ petition, wherein their premises were directed to be de-sealed, in which one of the prayers was to direct the NDMC to not take any coercive measures without complying with the mandate of the law.
Earlier, the occupants of the building had challenged the sealing of their offices by the NDMC. The court had directed de-sealing of the offices of 90 occupants of the building.
Around 27 companies had knocked the high court's door seeking to de-seal their offices.
The court said that the prayer made against the eviction proceedings should appropriately have been made in that writ petition and petitioners should not have filed a separate plea, wherein praying for quashing of the letter of Estate Officer initiating eviction proceedings against CJ International.
Meanwhile, Reliance Industries was directed to deposit the fine within 10 days from the date of the order.
EARLIER...
- Earlier, the occupants of the building had challenged the sealing of their offices by the NDMC. The court had directed de-sealing of the offices of 90 occupants of the building
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