In a significant development, the Delhi High Court on Tuesday cleared the way for the eviction of the Delhi Race Club (DRC) from its prime 84-acre premises on Lok Kalyan Marg, which is situated opposite the official residence of the Prime Minister. This ruling came on the same day that the Delhi Gymkhana Club voiced its opposition to the Centre's plan to take over its premises.
Court's Decision
A division bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia set aside an earlier interim order by a single judge that had stalled proceedings against the club. The bench stated, "Appeal is allowed and the order dated April 24, 2026, of the single judge so far as it directs the estate officer not to proceed further with the show-cause notice is hereby set aside."
Background of the Case
The Centre had issued a notice to the Delhi Race Club on March 13, asserting that the club's occupation of the premises was unauthorized and demanding peaceful possession, as the land was required for a public purpose. Subsequently, on April 17, authorities initiated proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and issued a show-cause notice to the DRC, questioning why eviction and recovery of damages should not be enforced.
The club challenged this notice before a single-judge bench, which directed the estate officer to refrain from proceeding until July 30. However, the division bench on Tuesday criticized this order, noting that it lacked any discussion or findings on critical aspects such as "irreparable loss," "strong prima facie case," and "balance of convenience" in favor of the club. The court remarked, "Such a course, in our opinion, was not available" to the single judge, emphasizing that the lower court should have provided reasoned justification for granting the stay.
Legal Arguments
The Centre argued that the lease deed, which dates back to 1926, was not perpetual in nature. Since no extension was granted after its expiry in 1994, the club's continued occupation of the land was unauthorized. The court upheld this position, stating, "It is a statutory right of the appellant no. 1 (Centre) to invoke the provision of Section 4 of the Public Premises Act."
The high court's ruling now enables the estate officer to proceed with the eviction process, potentially leading to the recovery of the land for public use. The Delhi Race Club, one of the city's historic institutions, faces an uncertain future as the legal battle concludes in favor of the government.
