Tuesday, October 30, 2018

Leela’s plea against eviction notice rejected

Mumbai: The Bombay high court has refused to interfere in a five star hotel’s plea against eviction proceedings initiated against it by the Airports Authority of India (AAI).

Through various agreements in and after the 1980s, the AAI had allotted the company behind The Leela Mumbai around 29,000 square metres of land near the international terminal of the airport for setting up a 391-bed hotel. In February 2017, the AAI terminated the lease and initiated proceedings to take back the property over alleged default in payments and violation of lease agreements. The AAI also launched proceedings to recover around Rs 258 crore that the Delhi high court had ordered the hotel to give as royalty for possessing the land.
“We do not see any reason in our extraordinary, equitable and discretionary jurisdiction under Article 226 of the Constitution of India, to interfere with the proceedings (under a provision that seeks to evict unauthorised occupants from airport premises) at this stage. Given the importance and nature of the proceedings, we do not think that in writ jurisdiction we should interfere by restraining the eviction officer from proceeding to adjudicate the showcause notice. All the more, when the petitioners' remedies are kept intact by us,” the high court has said.
The division bench which rejected the plea of Hotel Leelaventure Ltd to interfere in the proceedings against its flagship Mumbai property comprised Justices Satyaranjan Dharmadhikari and Burgess Colabawalla.
30/10/18 Shibu Thomas/Times of India
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