"Hardly any press activity was going on" in the premises of the Herald House which was under the occupation of the Associated Journals Ltd, the publisher of Congress mouthpiece 'National Herald', the Delhi High Court said Friday.
It said while the publication may be outsourced, the "essential press activity" of the editorial team "was not discernible" when the premises was inspected.
The court said the idea behind leasing out the building to Associated Journals Ltd (AJL) at the ITO area in the heart of the national capital was to carry out its publication, but this "dominant purpose" had been lost as a major portion of the premises had been rented out.
"The subject premises was leased out to legendary AJL for its publication, but the dominant purpose is now practically lost. This court is constrained to observe that major portion of the subject premises has been rented out and the petitioners' newspaper, which was to be housed originally in the basement and the ground floor, has now been shifted on the top floor with hardly any press activity," Justice Sunil Gaur said.
The court also termed as "strange" that the AJL had not disclosed what was the volume of its circulation, both print and online.
"Strangely, petitioners have not cared to disclose as to what is the volume of the publication of their newspaper. What has been disclosed is that National Herald is a weekly newspaper and as regards the online publication of the petitioners' newspaper, no data is forthcoming.
"Petitioners are silent as to what is the extent of circulation of petitioners' newspaper, both in print and online, across the country," it said.
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The court further said that in its considered view the premises was liable to be proceeded against under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
"In the opinion of this court, impugned order (of eviction) is well reasoned and it amply justifies the re-entry of respondent (L&DO) in the 'subject premises'.
"There is no impediment in the way of respondent to invoke the provisions of the Act to seek eviction of petitioners, in case petitioners do not voluntarily vacate the subject premises and hand over its vacant possession to respondent-Land and Development Officer, within a period of two weeks from today," it said while dismissing the AJL's plea.