On Tuesday, Delhi High Court has issued summons to the Central Government regarding the cases filed by the members and employees of Delhi Gymkhana Club. In these lawsuits, the order of the Central Government was challenged, in which the club was directed to vacate the 27.3 acre premises located in Lutyens’ Delhi by June 5. Also, the court has asked the Center to reply within 8 weeks.
However, Justice Avnish Jhingan refused to pass any interim order against the government’s May 22 order. This decision came after the government said that any eviction action would be taken only after giving proper notice.
Will not use force: Center
During the hearing in the High Court on the issue of notice to vacate the Gymkhana Club, the Central Government assured the court that it will not use force to vacate it. The government will proceed only under the rules of Clause 4 (Public Purpose).
Notice dated May 22 was given for re-entry by canceling the lease deed. If the club is vacated, it will be done only after giving prior notice and according to the entire legal process. The High Court has officially recorded this statement of Solicitor General Tushar Mehta. The court said that in view of this, there is no need to give any interim order right now. In such a situation, the threat of vacating the Gymkhana Club on June 5 seems to be averted for now.
No need for interim direction: HC
The Court said, “This issue is premature and involves mere speculation. As on date, there is nothing on record to show that any action has been taken under the ‘Public Premises (Eviction of Unauthorized Occupants) Act’. And if any such need arises, the plaintiffs can avail of the remedies available as per law.”
In view of the statements made by the Solicitor General, there is no need for any further interim directions. The gist of the statement is that if eviction is done, it will be done only after giving prior notice.
2 cases filed in HC on Centre’s decision
The High Court was hearing two cases today, the first case was filed by Vijay Khurana, an old member of the club, and the second case was filed by the ‘Staff Welfare Association’ of Delhi Gymkhana. In these cases, the order of the Central Government was challenged, in which the club was directed to vacate the 27.3 acre premises located in Lutyens’ Delhi by June 5.
On the other hand, the court has issued a notice to the Central Government on the petition challenging the order to vacate the Delhi Gymkhana Club. The court also directed the Center to file its reply within 8 weeks.
Instructions to reply within 8 weeks
The High Court issued notice on the suits filed by the club members, Staff Welfare Association and others, challenging the Centre’s direction to vacate the club premises by June 5. The court said in its order that this case has been filed by the members and employees of Delhi Gymkhana Club Limited.
The court said that written statements should be filed within 8 weeks. To complete the pleading, it should be listed before the Joint Registrar. Along with these cases, there is also Order 39 Rule 1 and 2 CPC, in which interim relief has been sought for the communication of 22 May. The court said that the important things to decide on these applications are that the land was given on perpetual lease to the club in the year 1928.
Clause 4 of the lease deed provides that if necessary for a public purpose, the land or any part thereof may be taken back on lease. A case has already been filed between the lease parties. Action was initiated for violation of the terms of the lease deed and the matter was eventually resolved. The central government approached NCLT arguing mismanagement of the governing body. NCLT accepted the application and ordered the appointment of 15 members to be nominated by the UOI to run the day-to-day functioning of the club.
HC’s decision in Delhi Race Club
At the same time, the High Court allowed the Central Government to resume eviction proceedings against Delhi Race Club for continuously occupying government land in Central Delhi. The bench of Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia approved the appeal of the Central Government, in which it had stopped the eviction proceedings against Delhi Race Club under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
The court today canceled the interim protection given earlier by the single bench. Actually, this dispute is related to about 53 acres of government land on Race Course Road, now called Lok Kalyan Marg, which was in the possession of Delhi Race Club. The central government claimed that the lease of the club had expired on December 31, 1994 and after that it was never renewed.
The appeal before the division bench challenged the single-judge order of April 24, which had restrained the estate officer from taking further action on the show cause notice issued to the club on April 17. In the notice, the club was asked to explain why eviction proceedings should not be initiated against it.
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