Delhi High Court Halts Immediate Eviction Proceedings Against Delhi Gymkhana Club
The Delhi High Court on Monday directed the Central government to respond to petitions challenging a show-cause eviction notice issued to the Delhi Gymkhana Club. Justice Avneesh Jhingan ordered that the eviction hearing scheduled for Tuesday before the Land & Development Office (L&DO) Estate Officer be adjourned until after the next court hearing on July 28, temporarily halting immediate eviction proceedings against the historic club.
The court's directions came during a hearing on applications filed by Delhi Gymkhana Club member Vijay Khurana and the Delhi Gymkhana Club Ltd. Staff Welfare Association. Both parties are seeking a stay on the execution of the show-cause notice issued on June 29 by Estate Officer Bipin Kumar Singh.
The June 29 notice had directed the club and all its occupants to explain why eviction proceedings should not be initiated under the Public Premises (Eviction of Unauthorised Occupants) Act. The notice had set a deadline of 2:30 p.m. on Tuesday for the club to submit its response.
During Monday's proceedings, Justice Jhingan directed Solicitor General Tushar Mehta, representing the Central government, to ensure the Tuesday hearing before the Estate Officer is deferred. Mr. Mehta stated that the Centre would file its response to the applications.
The current legal battle stems from a May 22 order by the L&DO terminating the club's nearly century-old perpetual lease deed. The government directed the club to return the land by June 5, asserting that the property is required to strengthen defence infrastructure and for other vital public security purposes.
Following a court appearance on May 26, the Centre had assured the High Court that it would not take forcible possession of the property by June 5, promising to proceed only in accordance with the law and after serving proper notice. This led to the subsequent show-cause notice on June 29, which cited Clause 4 of the Perpetual Lease Deed. This clause reserves power in favour of the lessor to resume and re-enter the premises whenever they are required for public purpose.
In his pending petition, Mr. Khurana has challenged the legality of the government's decision to terminate the perpetual lease. He argued that the Centre's claims regarding defence infrastructure are "vague and unsupported." He also alleged that the action is an attempt to evict the club without following the due legal process.
As an alternative, Mr. Khurana sought a direction to the Estate Officer not to pass any final order under the Public Premises Act or take any coercive or dispossessory step against the club.
