NEW DELHI, Feb 1:
The Delhi High Court Friday refused to allow Centre’s plea to prepone hearing of a petition filed by Jawaharlal Nehru Memorial Fund (JNMF) which has sought setting aside of the estate officer’s eviction notice.
Justice Yogesh Khanna said the matter is already fixed for hearing on February 19 and the could only list it for February 14 or 18, which would not make any difference.
The Government, in its application has contended that the JNMF’s petition is premature and only to stall proceedings against it. The petition should either be preponed or authorities should be allowed to proceed under law against the JNMF, it has said.
Central Government standing counsel Monika Arora urged for an early hearing, saying the were trying to vacate JNMF from Teen Murti here as they need more space to expand the library.
Advocate Sunil Fernandes, appearing for JNMF, opposed the early hearing plea saying that on January 23, the February 19 date was given by the court master with the consent of the additional solicitor general and it should not be changed now.
The judge said, “Even if I give early hearing date, only February 14 or 18 is possible. What is the difference between February 19 and these days. Let it be February 19.”
The Centre had said in its application JNMF was enjoying the possession of the property, located at Teen Murti here “in the garb” of November 1, 2018 interim order by which the court had stayed the proceedings before the Directorate of Estates.
The JNMF, set up in 1964, has been located at Teen Murti, once the residence of India’s first prime minister Jawaharlal Nehru, since 1967. Its offices are not part of the main building but occupy a set of barracks on its eastern side with a separate entry from Teen Murti Marg.
The Centre has claimed that JNMF’s petition was premature as the proceedings before the estate officer had just begun and the plea was “nothing but an attempt to stall the proceedings of the estate officer”.
It had had told the high court that the land where Teen Murti Estate, which includes JNMF, is situated belonged to the government since the establishment of the national capital.
The court had earlier directed that status quo be maintained till the next date of hearing.
The JNMF has denied the claims that it was in illegal possession of the property.
The petition, filed through advocate Priyansha Indra Sharma, has said the estate officer’s notice was mala fide and has been issued for ulterior political motives.
It has contended that the eviction notice issued under the provisions of the Public Premises Act (Eviction of Unauthorized Occupants) Act, 1971 was arbitrary and without jurisdiction and has been issued without application of mind.
The petition has said the proceedings initiated by the estate officer are part of a larger design to efface and destroy the legacy and contributions of Nehru and create a new historical narrative.
“The impugned show cause notice has been issued in pursuance of the ulterior political motives by the incumbent central government to destroy and efface the legacy and history of the contributions of Jawaharlal Nehru.
“The legacy of Nehru is a historical fact which is now sought to be effaced by the central government led by the BJP which is totally opposed to the secular and inclusive principles which Nehru stood for,” the plea has alleged. (PTI)
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