4 days ago
Delhi High Court to Hear Gymkhana Eviction Pleas September 29
The government wants the Delhi Gymkhana Club to leave its land in New Delhi.
The land is on a large 27.3-acre property on Safdarjung Road.
The government says it needs the property for security, defence and other public projects.
A club member and a staff group disagree with the eviction.
They say the government’s reasons are unclear and that the process is being rushed.
They have asked the court to pause the eviction notice and protect the club’s possession.
The government says the lease was properly ended and that the law limits the court’s power to stop the process.
The Delhi High Court will hear arguments about a possible pause on September 29.
The Delhi High Court will hear on September 29 challenges to proceedings seeking eviction of the Delhi Gymkhana Club.
The Land and Development Office terminated the club’s perpetual lease on May 22 and sought return of its 27.3-acre premises.
The Centre says the land is needed for defence infrastructure, public security, governance and other public-interest projects.
Club member Vijay Khurana and the Staff Welfare Association allege the eviction reasons are vague and seek to halt the process.
The Centre argues that the Public Premises Act bars the lawsuits and prevents courts from restraining the estate officer’s eviction proceedings.
- Who
- The Centre, the Land and Development Office, Delhi Gymkhana Club member Vijay Khurana and the Delhi Gymkhana Club Ltd Staff Welfare Association.
- What
- The Delhi High Court will hear pleas challenging the termination of the club’s lease and proceedings for its eviction.
- Where
- The Delhi Gymkhana Club’s 27.3-acre premises on Safdarjung Road, New Delhi.
- When
- The hearing is scheduled for September 29; the lease termination order was issued on May 22 and the show-cause notice on June 29.
- Why
- The Centre says the land is required for defence infrastructure, public security, governance and other public-interest projects, while the petitioners dispute the grounds and process.
Club Petitioners’ Position
Centre’s Position
Validity of eviction grounds
Club Petitioners’ Position
Vijay Khurana says the references to defence infrastructure and security are vague, generalised and a sham.
Centre’s Position
The Centre says the premises are in a sensitive and strategic area and are required for defence infrastructure, public security, institutional and governance infrastructure, and public-interest projects.
Lease termination and notice
Club Petitioners’ Position
The petitioners argue the June 29 notice is premature because it assumes the perpetual lease was validly terminated, and they seek protection of the club’s possession and functioning.
Centre’s Position
The Centre says it has the right to resume the property under the lease and obtain possession through the legally required procedure and judicial directions.
Court jurisdiction
Club Petitioners’ Position
The petitioners ask the High Court to stay the notice or prevent final eviction action while their challenge is pending.
Centre’s Position
The Centre argues that the Public Premises (Eviction of Unauthorised Occupants) Act bars the lawsuits and injunctions against the estate officer’s eviction proceedings.
Key facts
- Scheduled hearing
- September 29
- Premises
- 27.3 acres on Safdarjung Road, New Delhi
- Lease action
- The Land and Development Office terminated the perpetual lease on May 22.
- Eviction notice
- An estate officer issued a show-cause notice on June 29.
- Government position
- The Centre says the land is needed for defence, security, governance and public-interest projects.
- Petitioners’ request
- They seek a stay, maintenance of status quo and no coercive or dispossessory action.
- Earlier club intervention
- The National Company Law Tribunal permitted 15 government-nominated directors in 2022.
Quotes
The Centre
The central government, responding to the eviction challenge
“The Plaintiff cannot claim a personal estate in the land, or a right to enforce the terms of an instrument to which he is not privy, merely by describing his membership privileges as a right to enjoy the Club premises.”
theprint.in
“Defendant No. 1 (Centre) maintains its right to resume the Suit Property under Clause 4 (of the deed) while obtaining possession through the procedure required by law and in compliance with judicial directions.”
theprint.in
Sources
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