The Delhi High Court on Thursday issued notice on a plea moved by Ambassador Hotel against an eviction notice issued to it under the Public Premises Act.

Justice Harish Vaidyanathan Shankar sought response of the Central Government as well as Land and Development Office (L&DO) and asked them to file their responses within three weeks.

Senior Advocate Sudhir Nandrajog appeared for the petitioners- owner of the hotel, Sir Sobha Singh and Sons Pvt. Ltd.

As Nadrajog prayed for stay of proceedings before the Estate Officer, Central Government Standing Counsel Ashish Dixit opposed the petition saying that it is not maintainable.

For context, the proceeding before the Estate Officer is slated to take place tomorrow.

The Hotel has contended that there is a real and imminent apprehension that an order of eviction, or other coercive or ex-parte order will be passed without hearing its preliminary jurisdictional objections.

The plea contends that the Estate Officer has no jurisdiction to proceed under the PP Act, and the Impugned Notice cannot be sustained.

It is the Hotel's case that it has been in open, continuous and uninterrupted possession of the subject premises since 1943, when it constructed the Sujan Singh Park estate at the Government's own invitation, and holds the premises under a registered Agreement to Lease dated 08.10.1945 executed by the Governor General in Council.

For context, the Hotel last month filed an appeal challenging a June 9 judgment of District Judge Tis Hazari Courts, Central District allowing the Union's plea against a 2009 order passed by Senior Civil Judge-Cum- Rent Controller (Central).

The 2009 judgment had found the hotel construction to be lawful.

After the Union re-entered the property, the company filed a suit before the trial court in 1960 which had eventually ruled in favour of the company. Against this the Union had approached the appellate court arguing that the agreement for lease had specifically provided that the company would only construct residential units in the building. However in breach of the agreement the company had constructed the hotel, the Union said.

The appellate court had held that the Union of India had validly and legally exercised its right to re-enter the suit property and retain possession thereof in terms of the express covenant contained in Clause XVIII of the Grant/Agreement for Lease.

Title: Sir Sobha Singh and Sons Private Limited v. The Estate Officer & Ors