The defence counsel for the hall's general manager, K.L. Malhotra, today moved an application seeking the right to possession of the Uphaar cinema hall. The court will pass its orders in this connection on April 16.

The application said that since the investigating agency has filed the chargesheet and the investigation is complete, the premises should be opened so that the building could be put to use. The application states: ``No place of occurrence has ever been kept seized or sealed and the same cannot be kept seized indefinitely because neither the trial is to be held at the scene of the occurrence nor requires inspection after preparation of the site plan.''

The application has asked the court to inspect the premises, if desired, before the release order. It says that the prosecution's apprehension that evidence would be tampered with is unfounded and the petitioner will have to carry out necessary repairs and construction so that the building can be put to use as per the local laws. ``Or else the premises will be subjected to decay and deterioration,'' it says.

The defence had earlier moved a similar application in the magisterial court during the committal proceedings. The CBI had objected to the plea on the grounds that the accused persons would tamper with the evidence once the premises were opened to them.

The case was initially committed to Additional Sessions Judge (ASJ) S.C. Mittal. It was, however, referred back to District Judge M.A. Khan by him, with a request that the case be shifted to another ASJ. ASJ Mittal said that as his daughter had worked with one of the accused persons on a project, it would be unfair on his part to hear the case. The judge, however, did not disclose the name of the accused person. On March 10, it was allocated to ASJ L.D. Malik who today fixed the trial dates.

The case was submitted to a magisterial court after the tragedy. After almost nine months, on January 4, 1999, Metropolitan Magistrate Brijesh Sethi committed the case to the sessions court.

The MM had also dismissed a defence plea for a separate trial and directed the 16 accused, including Ansal Properties and Industries chairman Sushil Ansal to appear before the sessions court. The application was moved by Delhi Fire Official H.S. Panwar, MCD administration officer Shyam Sunder and cinema hall manager Surinder Dutt -- all are accused under section 304A (causing death due to negligence).