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Hearing on the Delhi Gymkhana Club’s eviction on September 29th.
The Delhi High Court has fixed September 29th for hearing petitions challenging the Centre’s action to evict the Delhi Gymkhana Club from its premises on Safdarjung Road. The matter is regarding the club’s 27.3 acres of land and the lease rights associated with it.
The petitions have been filed by club member Vijay Khurana and Delhi Gymkhana Club Limited Staff Welfare Association. These petitions challenge the May 22 order by which the Land and Development Office (L&DO) had directed the termination of the club’s perpetual lease and return of the land.
Now, in the hearing on September 29, issues like legality of termination of lease, eviction process and interim relief sought by the club will be raised before the High Court.
What reason did the Centre give for terminating the lease?
The Central Government has said in its reply that this land located on Safdarjung Road is in a sensitive and strategic area. According to the government, the complex is needed for defence infrastructure, public security, institutional and governance infrastructure and other public welfare projects.
The Centre says that under Clause 4 of the lease deed, it has the contractual right to retake possession of the land. The government also told the High Court that its action was not compulsory acquisition but re-entry under the rights given in the lease.
The government has also argued that the long-term use of the premises as a club or the presence of sports facilities and heritage recognition does not waive its rights under the terms of the lease.
Club members raised the question of due process.
The petitioners questioned the central government’s action, arguing that the eviction process should be conducted in accordance with the law. Vijay Khurana’s petition challenges the defence and security reasons cited by the Centre.
It has also been said on behalf of the petitioners that the show-cause notice issued on June 29 was issued in a hurry and it was assumed that the lease of the club had validly expired. They have demanded possession of the premises and maintenance of the status of operation of the club.
However, the court is yet to give its final decision on these claims. The future course of the case will be decided based on the arguments of both the parties in the hearing on September 29.
The Center also raised questions about the hearing of the petitions.
The Central Government has demanded that the petitions be dismissed in court. The government says the lease has now expired and the club members, not being parties to the lease, cannot claim any individual rights under it.
The Centre has also cited the Public Premises (Eviction of Unauthorised Occupants) Act. The government argues that the law bars the jurisdiction of civil courts in eviction proceedings and the estate officer’s action cannot be stopped in this manner.
On the other hand, the petitioner side says that questions like legality and due process of termination of lease should be considered by the court. These legal issues will now be heard in detail in the High Court.
The Supreme Court also granted members the freedom to approach the High Court.
Eleven club members had previously approached the Supreme Court in this matter. He challenged the center’s control over the club’s management and the eviction proceedings related to the premises. The Supreme Court gave him the freedom to raise the matter before the Delhi High Court.
After this exemption given by the Supreme Court, the way is open for the members to raise their objections in the proceedings going on in the High Court. This could also lead to questions regarding management and eviction of club members becoming part of the current case.
Now the hearing in the High Court on September 29 will be important for this entire dispute, because both the action of the Centre and the objections of the club side are present before the court.
The club’s old lease and the history of the land are also important.
The current dispute over the Delhi Gymkhana Club’s land is related to a perpetual lease signed in 1928.Delhi High Court records state that the club premises are spread over approximately 27.3 acres and are located on Safdarjung Road.
The main issue in the Centre’s action is to terminate this lease and take back the land. The government is citing the terms of the lease deed, while the club side is challenging its termination and the subsequent eviction process.
Therefore, the question before the court is not only about vacating the premises, but the legal interpretation of the terms of the lease and the rights of the Centre under it will also be important.
All eyes are on the September 29 hearing.
The Delhi Gymkhana Club eviction case will now proceed in the Delhi High Court on September 29. The Centre’s reasons for terminating the lease before the court will be public interest and defence-related needs, while the club side is questioning due process and the legality of the lease termination.
At present, the Centre has told the court that its action is under the re-entry right available in the lease. At the same time, the petitioners have demanded a stay on the eviction process and maintenance of the status quo.
These legal arguments will be further debated in the hearing on September 29. Only after this it will be clear what direction the court takes regarding interim relief and eviction action.
