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Delhi High Court - Orders

Union Of India vs Express Newspapers Ltd. And Ors on 6 February, 2023

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~1(OS) & 2(OS)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(OS) 2480/1987 and I.AS. 9332/1987, 106/1988, 1252/1988,
                                2161/1988 , 20139/2014
                                UNION OF INDIA                                         ..... Plaintiff
                                                  Through: Ms. Meera Bhatia, Mr. A.T. Rao and
                                                            Ms. Amita Saxena, Advocates for
                                                            UOI with & Ms. Kayani Mathur,
                                                            Superintendent (L&DO).
                                                  versus
                                EXPRESS NEWSPAPERS LTD. AND ORS.                  ..... Defendants
                                                  Through: Mr. Salman Khurshid & Mr. Sandeep
                                                            Sethi, Sr. Advocates with Mr. Amit
                                                            Aggarwal, Ms. Bhawni G Mann, Mr
                                                            Ishu Dikshit Advocate & Mr. Aadil
                                                            Singh       Boparai,          Advocates.
                                                            (M:9817078009)
                          2(OS)                   WITH
                          +                 CS(OS) 52/1988 and I.A. 1416/2019
                                EXPRESS NEWSPAPERS LTD.                                ..... Plaintiff
                                                  Through: Mr. Salman Khurshid & Mr. Sandeep
                                                            Sethi, Sr. Advocates with Mr. Amit
                                                            Aggarwal, Ms. Bhawni G Mann, Mr
                                                            Ishu Dikshit Advocate & Mr. Aadil
                                                            Singh Boparai, Advocates.
                                                  versus
                                UNION OF INDIA (UOI)                             ..... Defendant
                                                  Through: Ms. Meera Bhatia, Mr. A.T. Rao and
                                                            Ms. Amita Saxena, Advocates for
                                                            UOI with & Ms. Kayani Mathur,
                                                            Superintendent (L&DO).
                                CORAM:
                                JUSTICE PRATHIBA M. SINGH
                                            ORDER

% 06.02.2023

1. This hearing has been done through hybrid mode.

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(OS) 2480/1987 & CS(OS) 52/1988 Page 1 of 3 Signing Date:07.02.2023 19:36:27

I.A. 1416/2019 in CS(OS) 52/1988

2. The present application has been filed on behalf of Express Newspapers seeking to place on record a Board Resolution dated 8th December, 2018 for ratifying, signing, verification and institution of the present suit by Mr. P.C Jain. The application also seeks permission to recall Defendant No.1 - Union of India to lead the additional evidence.

3. Considering that the said document is on record and is not seriously disputed, the same shall be taken in evidence. Accordingly, the application is disposed of.

CS(OS) 2480/1987 and I.A.s 9332/1987, 106/1988, 1252/1988, 2161/1988 , 20139/2014 & CS(OS) 52/1988

4. In terms of the order dated 14th November, 2022 passed by this Court, it was expected that the L&DO would clear the pending memos of fees of the counsels who have been regularly appearing in these matters. In the said order it was reiterated that the appearance of Mr. A. Subba Rao, ld. Counsel and Ms. Meera Bhatia, ld. Counsel has been recorded right from inception. Thus, there can be no doubt that these counsels have been representing the concerned Ministries and the L&DO. Ms. Katyani Mathur, Superintendent, L&DO submits that the file regarding memo of fees of the counsels has been put up for processing within the Ministry of Urban Development.

5. Since the file has now been stated to have been disposed of by the Law Ministry and the pending payments have to be cleared by the Ministry of Urban Development, it is expected that an expeditious decision shall be taken in this regard and payment shall be made.

6. Let a report be filed by Ms. Katyani Mathur, Superintendent, L&DO by the next date of hearing.

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(OS) 2480/1987 & CS(OS) 52/1988 Page 2 of 3 Signing Date:07.02.2023 19:36:27

7. Oral Submissions on behalf of the parties stands concluded.

8. Written submissions on behalf of Express Newspapers be filed within four weeks. Within the said period, the Union of India shall comply with the order dated 15th July, 2019 passed by this Court. The same is reproduced below:

"Ld. Senior Counsel on behalf of Express Newspapers Ltd. has partly made his submissions. Mr. Amit Kataria, (M:9958482545) Land and Development Officer is present in Court along with Mr. A. Subba Rao, ld. counsel. On the next the L&DO, shall bring charts of computation of the ground rent, the charges for conversion and the misuse charges and the existing provisions which form the basis of which the said charges are computed. The said computation shall be brought in respect of amounts due on the date of the suit as also the current date. The same shall be without prejudice to the stand of the respective parties on merits.
List for further submissions on 2th August, 2019 at 2: 15 p.m."

9. If the Union of India wishes to file a written submission, they shall do so within four weeks.

10. List for receiving the written submissions and the computation charts.

11. List on 23rd March, 2023.

PRATHIBA M. SINGH, J.

FEBRUARY 6, 2023 dj/kt Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(OS) 2480/1987 & CS(OS) 52/1988 Page 3 of 3 Signing Date:07.02.2023 19:36:27