The Delhi High Court has upheld the cancellation of land allotted to United News of India (UNI) at Rafi Marg, observing that the organisation had effectively “squatted” on valuable public land for over four decades without fulfilling its obligations.
Justice Sachin Datta dismissed UNI’s challenge to the cancellation letter dated March 29, 2023, holding that no fault could be found with the decision in light of the petitioner’s prolonged and consistent non-performance.
The Court ruled that the rights granted to UNI under successive allotment letters were in the nature of a “bare licence”, inherently terminable especially when the core purpose of the allotment, namely construction of a composite office complex, remained unfulfilled for over 45 years.
Highlighting a “consistent history of lapses,” the Court noted that despite repeated opportunities and revised allotments over decades, UNI failed to take any meaningful steps toward construction. It further observed that the petitioner had been given “unusual and excessive latitude” by authorities despite continuous default.
Rejecting UNI’s attempt to attribute delays to agencies such as CPWD and NBCC, the Court termed such arguments a “disingenuous afterthought,” pointing out that the initial decades of inaction predated the involvement of these agencies. The Court also relied on UNI’s own communications admitting its inability to participate in the project.
Significantly, the Court noted that public land cannot be treated as a bounty or held indefinitely by a defaulting licensee, stressing that such allotments are conditional and must serve their intended public purpose.
Holding that the cancellation was “fully justified and legally inevitable,” the Court dismissed the petition, vacated interim relief, and directed authorities to take possession of the land and ensure its proper utilisation in accordance with law.
Appearances:
For the Petitioner: Mr. Rajshekhar Rao (Sr. Advocate) along with Mr. Praveen Kumar, Mr. Nikhil Singhvi, Mr. Vinayak Bhandari, Mr. Sarthak Gupta, Mr. Soham Krishan Luthra, Mr. Suman Raj, Advocates.
For the Respondent: Mr. Chetan Sharma (ASG) along with Mr. Ashish K. Dixit (CGSC) along with Mr. Umar Hashmi, Mr. Gautam Yadav, Advs. and Mr. Gaurav, Mr. Suchit Goyal (Dy, L&DO), Ms. Iqra Sheikh, Mr. Amit Gupta, Mr. R.V. Prabhat, Mr. Yashvardhan and Mr. Naman, Advocates for R-1. Mr. Yashaswi S K Chocksey (GP) for UOI.
Mr. Gaurav along with Mr. Yash Narain, Advs. along with Mr. Bipin Bhatt (Section Officer/ L&DO).
Mr. Vikramjit Banerjee (ASG) along with Mr. Apoorv Kurup (Sr. Advocate) along with Ms. Gauri Gobhurdun, Mr. Nring C. Zeilang, Advocates
