The Delhi High Court on Tuesday declined to pass any interim order restraining the Centre from acting on its directive asking the Delhi Gymkhana Club to vacate its premises by June 5. The court recorded Solicitor General Tushar Mehta's assurance that there would be no "forcible possession" or sudden takeover, and that any eviction, if carried out, would be strictly in accordance with law and after prior notice.
Centre's Submission
Appearing for the Centre, Solicitor General Tushar Mehta submitted that the May 22 notice only terminated the club's perpetual lease and sought re-entry of the land. He added that eviction proceedings, if initiated, would be carried out in accordance with law after due notice.
Court Proceedings
Hearing pleas filed by club members and staff challenging the takeover move, the High Court issued summons to the Centre and the Delhi Gymkhana Club management. During the hearing, Mehta told the court that the government had already offered the option of voluntary vacation or alternate accommodation. He stated, "It's not that police will rush in and forcible possession will take over."
The court asked, "Can I record your statement?" to which the Solicitor General replied, "Yes."
Court's Observation
The court observed that after the Centre's assurance, the issue of prior notice before eviction "does not survive at this stage." It further noted that there was nothing on record to show that any action under the Public Premises Act had yet been initiated. The court added that affected parties could avail legal remedies if required.
The High Court also noted that apprehensions raised by some members that the club's governing body may act "hand in glove" with the government were contrary to the stand taken by the club itself before the court.
Background of the Case
The matter relates to pleas challenging the Centre's May 22 communication directing the Delhi Gymkhana Club to hand over possession of its 27.3-acre premises in Lutyens' Delhi, citing public and defence infrastructure requirements.
Next Hearing
The court said issues concerning termination of the lease and re-entry rights would be examined in the main suit. The matter has now been listed on July 28 for completion of pleadings.
(With PTI, Live Law inputs)
