Facts
The Petitioner challenged a communication dated 10.04.2024 issued by the Respondent demanding ₹1,42,05,896/- as outstanding rent for premises at 15, Parliament Street, New Delhi.
Source reference: para. 1The Petitioner also sought to set aside a communication dated 04.07.2024, which rejected a request for the revision of ground rent.
Source reference: para. 1The primary grievance was that these adverse administrative actions—fixing and demanding rent—were taken unilaterally without issuing a prior show-cause notice or affording the Petitioner an opportunity to be heard.
Source reference: para. 2The court noted that this matter was identical to previous petitions involving Hardev Singh Akoi and M/s Claridges Hotel Pvt. Ltd., where similar notices were challenged.
Source reference: paras. 3-4Issues
1. Whether the Respondent's unilateral demand for outstanding rent and rejection of rent revision without prior notice violates the principles of natural justice.
Source reference: para. 2, 92. Whether the impugned communications dated 10.04.2024 and 04.07.2024 are legally sustainable in the absence of an audi alteram partem procedure.
Source reference: para. 4, 7Law Applied
The court applied the fundamental principle of audi alteram partem (hear the other side), asserting that any administrative action involving civil consequences must be preceded by a clear and precise notice to satisfy the requirement of a fair procedure.
Source reference: paras. 4-5It relied on Biecco Lawrie Ltd. and Anr. v. State of West Bengal, which establishes that denial of notice and opportunity to respond vitiates administrative decisions.
Source reference: para. 4It further cited Canara Bank v. V.K. Awasthy, which likens the necessity of notice to a "diamond’s luminosity" in the rule of law.
Source reference: para. 5M. Guruswamy Nadar v. Commissioner, HR&CE, which specifically set aside the fixing of "fair rent" done without a hearing.
Source reference: para. 6Reasoning
The Court observed that the Respondent proceeded to determine outstanding rent and reject revision requests unilaterally, which constitutes an administrative action with significant "civil consequences".
Source reference: para. 5Following the precedent set in the related matters of Hardev Singh Akoi and M/s Claridges Hotel, the Court found that the Respondent failed to controvert the fact that no hearing was granted.
Source reference: para. 7By applying the logic from Canara Bank, the Court reasoned that since notice is the "first limb" of natural justice and was absent here, the resulting orders were wholly vitiated.
Source reference: para. 5The Court maintained judicial consistency by treating this dispute as identical to the previous hotel lease cases where similar unilateral revisions were set aside solely on the ground of procedural impropriety.
Source reference: paras. 3, 7Holding
The Court answered in the negative regarding the sustainability of the impugned orders. It held that the failure to afford a hearing rendered the actions void.
Consequently, the Court set aside the communications dated 10.04.2024 and 04.07.2024 and remitted the matter back to the Respondent to decide the issue afresh after providing the Petitioner an opportunity to be heard.
Source reference: paras. 9-10The Petitioner was granted liberty to seek further legal recourse if aggrieved by the subsequent fresh decision.
Source reference: para. 11Original Court PDF
Apeejay Surrendra Park Hotels LtdvsUnion Of India
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