On Friday, the real estate firm operating Sujan Singh Park North, a prominent residential and commercial complex in the capital, challenged the Central government's eviction notice, asserting that it has not violated the lease terms.
Legal Challenge Before Estate Officer
Appearing before the Estate Officer of the Union government’s Land and Development Office (L&DO), Sir Sobha Singh and Sons Pvt Ltd contested the eviction notice issued on June 11 under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The notice claimed that the company had breached the 1945 lease and that the lease had been “re-entered,” or terminated, in 1960. Since then, the notice alleged, the company has been in unauthorised occupation of the property, which includes residential flats and the Ambassador Hotel.
Company’s Arguments
In its submission before the Estate Officer, the company’s general manager, Col SP Sharma (Retd), argued that the re-entry in 1960 was “invalid and inoperative.” He contended that there had been “no breach, no valid notice, or opportunity to remedy, no permission of the Chief Commissioner, and no possession was ever taken.”
Shaunak Kashyap, advocate for Sir Sobha Singh and Sons, stated that the government alleged the lease was breached by the construction of the hotel and laundry blocks. “We led copious evidence over 108 exhibits, sanction maps, interrogatories and other evidence to establish that these structures were built with the government’s sanction and active participation,” Kashyap said.
Supporting Evidence
The firm also submitted a map sanctioned by the New Delhi Municipal Committee (NDMC) in 1951 that included the hotel block. The matter is scheduled to come up again before the Estate Officer on July 3.
Background of the Lease
The Ministry of Housing and Urban Affairs (MoHUA) did not respond to a request for comment on Friday’s proceedings. The British Indian government had granted the 7.58-acre land on a perpetual lease to the company in 1945 to construct 100 flats. During World War II, the flats were to be used by the government to house military officials. Thereafter, 50 per cent of the flats were to be handed over to the company, while the remaining half would continue to be used for its own officials.
Ongoing Legal Disputes
Legal disputes between the government and the company over breaches and ground rent payment have been ongoing for decades. On April 30, the L&DO issued a demand notice seeking Rs 940 crore from the company for breach of lease conditions. The next hearing is scheduled for July 3.
