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High Court's notice to Centre on pleas by Delhi Gymkhana Club against notice for eviction
In a show-cause notice issued last month, the Gymkhana club's representative was directed to appear and explain why the eviction proceedings shouldn't continue.
The Delhi High Court on Monday issued notice in an application filed by the iconic Delhi Gymkhana Club's (DGC) long-standing member Vijay Khurana, along with the club's Staff Welfare Association, challenging the show-cause notice issued by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, in connection with the eviction proceedings.
In a show-cause notice issued on June 29, the estate officer directed the club’s representative to appear on or before July 7 to explain why the eviction proceedings should not continue in accordance with the earlier eviction order.
The notice stated that, following the termination of the club’s lease on May 22 and the government’s exercise of its right of re-entry under the lease deed, the club’s continued occupation constitutes “unauthorised occupation” under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. It also said that the land is required for defence infrastructure, public security, governance infrastructure and other projects serving the public interest.
A bench of Justice Avneesh Jhingan listed the matter for hearing on July 28 after Solicitor General Tushar Mehta, appearing for the Centre along with advocate Ashish Dixit, sought time to file their response to the applications.
Mehta submitted that since the show-cause notice required the club's representative to appear before the Estate Officer on or before July 7 to explain why the eviction proceedings should not continue pursuant to the earlier eviction order, the petitioners could seek an adjournment before the Estate Officer for tomorrow.
“Issue notice. Counsel for the respondent seeks time to file a response. List on July 28,” the court said.
In their application, Khurana, and the Staff Welfare Association, contended that the June 29 show-cause notice is based on “entirely erroneous and premature assumptions” as it was issued even as their suit challenging the Centre’s May 22 notice directing the club to vacate the premises by June 5 remains pending before the Delhi High Court, where the validity of the lease termination is yet to be decided.
“The Estate Officer has not formed an independent prima facie opinion as required under Section 4 of the Public Premises Act. Instead, the show-cause notice mechanically adopts the executive conclusion of the L&DO that the lease has been lawfully determined,” the plea read.
Situated in the heart of Lutyens’ Delhi, the Delhi Gymkhana Club lies adjacent to the Prime Minister’s residence on Lok Kalyan Marg. Established in 1913 as the Imperial Delhi Gymkhana Club and renamed after Independence, it remains one of the country’s oldest and most prestigious institutional clubs.
On May 22, the Centre 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.
On May 26, the Centre had told the high court that it would not take “immediate possession” of the property and that any eviction-related action would be undertaken only in accordance with law and after issuance of prior notice.
