'Not acquisition, just re-entry': Centre defends Delhi Gymkhana Club eviction notice

The Delhi High Court cited defence infrastructure, public security and governance needs for the premises.

The Centre has told the Delhi High Court that its notice directing the iconic Delhi Gymkhana Club (DGC) to vacate the premises at 2, Safdarjung Road, was a valid exercise of its contractual right of re-entry under the perpetual lease deed and did not amount to compulsory acquisition.

Delhi Gymkhana Club is one of the oldest clubs in India. (REUTERS File)

In a written statement filed through standing counsel Ashish Dixit on Tuesday, the Centre submitted that the premises, located in a sensitive and strategic area, are required for defence infrastructure, public security, institutional and governance infrastructure.

“The impugned notice is a valid exercise of the contractual right of re entry reserved under clause 4 and is not a compulsory acquisition... These purposes are not rendered legally incompatible merely because the premises have historically accommodated a private club,” the written statement read.

The statement added, “Long use, expenditure, sporting facilities and heritage recognition do not confer immunity from Clause 4, nor does the Grade-II Heritage Building/Precinct notification of 01.10.2009 (a planning/buildingregulation under the Delhi Building Bye-laws) override or freeze the contractual right of re-entry of the Lessor.” Although the suit was listed before a bench of justice Subramonium Prasad on Wednesday, the same was adjourned for September 29. The Centre had, on May 22, issued the notice directing the club to hand over the premises by June 5.