Delhi HC rejects Escorts Heart plea on eviction

The Delhi High Court has dismissed a petition filed by Escorts Heart and Research Institute challenging a notice by the Delhi Development Authority (DDA) for eviction from the land allotted to it for alleged violation of provisions under the lease deed.

In April 2004, DDA's Estate Officer had issued a show-cause notice to the hospital management for eviction on the ground that the hospital had violated the terms and conditions of the lease deed that specified free treatment for people.

A division bench of Chief Justice M K Sharma and Justice Sanjeev Khanna yesterday rejected the hospital's plea, and said that instead of conducting proceedings under the Public Premises Act (Eviction and Unauthorised occupants), DDA should have filed a civil suit for taking back possession of the land.

The bench also rejected another submission made by Escort counsel Sanjeev Puri that the land was never given on lease to the hospital by the DDA and the Estate Officer has no right to issue show-cause notice for eviction.

DDA's counsel Ajay Verma contended that the hospital failed to fulfill the condition that 25% of its total beds would be reserved for free treatment of the weaker section of the society.

He submitted that the Escorts company had merged with Fortis last year, and the hospital was not entitled to avail the government land. Meanwhile, DDA has initiated separate proceedings for cancellation of the license on similar ground against the institute, he added.