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Delhi High Court Overturns 47-Year-Old Eviction Notice Against The Indian Express

Court Slams Government’s Long-Standing Eviction Efforts, Orders Compensation to The Indian Express

In a landmark ruling, the Delhi High Court has annulled a 47-year-old eviction notice issued by the Central government to The Indian Express, which sought to oust the newspaper from its office on Bahadur Shah Zafar Road in Delhi [Union of India v Express Newspapers Limited & Ors].

The Court found that the eviction attempt was part of a broader effort to stifle the free press and undermine the paper’s financial stability. Justice Prathiba M Singh criticized the government’s actions as arbitrary and motivated, noting that the termination notice from November 2, 1987, was never formally served to the newspaper, which only learned of it through a news report.

The government had initially demanded over ₹17,000 crores from The Indian Express, later reducing the claim to ₹765 crores after prolonged legal proceedings. The Court deemed this amount “far-fetched, unreasonable, and aggravated,” and instead determined that the newspaper owed approximately ₹64 lakh in conversion charges and additional ground rent.

Justice Singh also ordered the government to pay ₹5 lakh in costs to The Indian Express for the lengthy legal battle, which has spanned nearly five decades. This case traces back to the 1950s when the land for the Express Building was allotted to the paper’s founder, Ram Nath Goenka, by the Nehru government. The newspaper’s legal struggle intensified following its critical reporting during the Emergency period under Indira Gandhi, leading to the issuance of eviction notices and subsequent Supreme Court involvement.

In 1986, the Supreme Court had previously invalidated the government’s notices, citing violations of Fundamental Rights under Article 19 (1)(a) and (g) of the Constitution. Despite this, the government continued its attempts to evict the newspaper, which were ultimately dismissed by the High Court as unjust and in disregard of the Supreme Court’s earlier verdict.

Representing The Indian Express were Senior Advocates Salman Khurshid and Sandeep Sethi, along with advocates Amit Agarwal and Bhawani Gupta. The Central Government was represented by Central Government Standing Counsel (CGSC) Kirtiman Singh and advocates Aryan Agrawal, AT Rao, and Meera Bhatia.

(With inputs from agency)

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