NEW DELHI: Terming the transfer of shares of Associated Journals Ltd (AJL) as clandestine and surreptitious transfer of the lucrative interest in the premises, the Delhi High Court on Thursday dismissed the plea of National Herald challenging the Centre’s order to vacate its premises. A bench of Chief Justice Rajendra Menon and Justice V K Rao upheld the single judge’s December order, which had dismissed AJL’s plea against the Centre’s eviction order and had directed it to vacate Herald House in two weeks.
Possession of Herald House is to be handed over to the Land and Development Office by 11 am on Friday. But AJL still has the option to approach the Supreme Court. The high court held the entire transaction of transferring shares of AJL to Young Indian company, in which Congress chief Rahul Gandhi and his mother Sonia are majority shareholders, was a clandestine and surreptitious transfer of the lucrative interest in the premises to Young India.
“If all these factors are taken note of and a decision is taken by the respondents (Centre) to say that the dominant purpose for which the lease was granted has been violated and there has been misuse of the conditions of the lease, in the absence of mala fide or ulterior motive having been established, the writ court has rightly refused to interfere into the matter.
“We also see no reason to make any indulgence into a reasonable order passed by the writ court in the facts and circumstances of the present case,” the bench said.Associated Journals Ltd had appealed against the single judge’s December 21, 2018 order, after which eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, were be initiated.
It had challenged the Centre’s October 30, 2018 order ending its 56-year-old lease and asking it to vacate the premises on the ground that no printing or publishing activity was going on and the building was being used only for commercial purposes.