EXPRESS NEWSPAPERS PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE petitions under Art. 32 of the Constitution are by petitioner No. 1, the Express Newspapers Pvt. Ltd., which is a company incorporated under the Companies Act, 1956 engaged in the business of printing and publishing the national newspaper the Indian Express (Delhi Edition) from the Express Buildings at 9-10, Bahadurshah Zafar Marg, New Delhi, held on a perpetual lease from the Union of India under a registered indenture of lease dt. Mar. 17, 1958. It is a wholly owned subsidiary of petitioner No. 2, the Indian Express Newspapers (Bombay) Pvt. Ltd. of which petitioner No. 3 Ram Nath Goenka is the Chairman of the Board. of Directors. Petitioner No. 4 Nihal Singh was the then Editor-in-Chief of the Indian Express and petitioner No. 5 Romesh Thapar was the Editor of the Seminar published from the Express Buildings.

(2.) RESPONDENT 1 is the Union of India, 2 is Jagmohan, Lt. Governor of Delhi, 3 the Municipal Corporation of Delhi, 4 the Zonal Engineer (Buildings), 5 the Land and Development Officer, etc.

(3.) THE issues raised in this case are far-reaching in significance to the maintenance of our federal structure of Government. It necessarily involves a claim by the Lt. Governor of Delhi that he has power and authority to administer properties of the Union of India within the Union Territory of Delhi which he is called upon to administer. THE questions presented are whether the Lt. Governor of Delhi could usurp the functions of the Union of India, Ministry of Works and Housing and direct an investigation into the affairs of the Union of India i.e. question the legality and propriety of the action of the then Minister for Works and Housing in the previous Government at the Centre in granting permission to the Express Newspapers Pvt. Ltd. to construct the new Express Building with an increased FAR of 360 with a double basement for installation of a printing press for publication of a Hindi newspaper on the western portion of the demised premises i.e. plots Nos. 9 and 10, Bahadurshah Zafar Marg, New Delhi with the Express Buildings built thereon.