HC stops NDMC from taking coercive action against Le Meridien

The Delhi High Court has stayed the NDMC from precipitating any coercive action, including disconnection of electricity and water supply, against the Le Meridien Hotel here.

The court observed that protection was already enduring in favour of the occupiers of the hotel's corporate tower by its September 11 order.

Justice Indermeet Kaur noted that by the September 11 order, the high court had ordered de-sealing of the corporate towers as the "principles of natural justice appear to have been violated" in the way in which action was taken against the hotel, run by CJ International Hotel Ltd (CJI).

"Under instruction, the counsel for the NDMC informs this court that the communication dated September 9 is being withdrawn till the time an appropriate order is passed under section 5 of the Public Premises (Eviction of unauthorised occupants) Act, 1971, by the Estate Officer.
 

"The water and electricity supply shall also not be disturbed till that time. This statement of the counsel for the NDMC is taken on record," the bench noted.

NDMC withdrew a request asking that the hotel be barred from accepting future bookings.

CJI has moved the court challenging the public notice of the New Delhi Municipal Council (NDMC) by which it had threatened to cut off water and electricity of the hotel.

The Arvind Kejriwal-led Delhi government had cancelled Le Meridien's licence in March this year.

The licence fee was sought under an order passed against the hotel in 2001 invoking the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. According to the hotel, it had paid all licence fees due from it under the order.

The orders sealed the corporate tower of the hotel and also prohibited it from accepting any future bookings until it paid all licence fee dues.

Senior Counsel A S Chandhiok, appearing for CJI, argued that by an interim passed in May 2001, the court had injuncted NDMC from interfering with the possession of CJI and cutting off electricity and water, which order is still subsisting.