Delhi high court to hear Gymkhana lawsuit against Centre's eviction order today

Delhi Gymkhana Club has challenged Centre's order to vacate its premises in 15 days, citing lease rights and lack of compensation for members and staff.

A member of the Delhi Gymkhana Club (DGC) and its staff welfare association have moved the Delhi High Court challenging the Centre’s order directing the club to vacate its 27.3-acre premises in 15 days.

The Centre on May 22 directed the club to hand over its premises to the Land and Development Office (L&DO) by June 5 (HT)

The two separate suits are scheduled to be heard by justice Avneesh Jhingan on Tuesday.

The Centre on May 22 directed the club to hand over its premises at 2, Safdarjung Road to the Land and Development Office (L&DO) by June 5, invoking a public purpose clause in the original lease deed. The order stated the property is located in a “highly sensitive and strategic area” and is required to strengthen defence infrastructure and serve public security needs.

Club member Vijay Khurana, whose suit is backed by nearly 500 members, has sought a restraint on the Centre from “illegally determining” the club’s perpetual leasehold rights and forcibly dispossessing it. The suit also seeks an interim direction to maintain status quo on the property.

The suit, mentioned before Jhingan by senior advocate AM Singhvi, argued that the May 22 notice makes no provision for compensation, amounting to a violation of Article 300A of the Constitution.

The DGC Ltd Staff Welfare Association, representing regular and contract workers, stated the notice does not identify or consider a single member of the club’s workforce. The suit said the club’s expenditure on employee benefits in FY 2018-19 alone was ₹30.62 crore.

The club’s suit further argued that the Centre’s December 18, 2009 letter expressly stated the club’s “ownership and titles stand restored”, acknowledging that the perpetual lease deed dated February 2, 1928 conferred proprietary rights upon the club.

“The impugned notice is a malicious and colourable exercise... an attempt to effect forced eviction through executive force instead of following due process of law,” the suit stated.

Meanwhile, another high court bench is hearing the club’s petition challenging the Centre’s demand of ₹47.59 crore towards revised ground rent and interest. The matter is listed for July 21.