The Delhi High Court on Monday sought the central government's stand on pleas filed by members and staff of the Delhi Gymkhana Club against a show-cause notice that threatens eviction from its 27.3-acre premises on Safdarjung Road.
Court Issues Notice, Seeks Adjournment of Estate Officer Hearing
Justice Avneesh Jhingan issued a notice to the central government on applications requesting a stay on the operation of the show-cause notice. The court directed Solicitor General Tushar Mehta to ensure that the hearing scheduled for July 7 before the Estate Officer is adjourned to a date after the next court hearing on July 28.
SG Mehta informed the court that the Centre would file its response to the applications. Noting that the Estate Officer's hearing was set for July 7, he remarked, "They can seek an adjournment there." Justice Jhingan responded, "Mr Mehta, we are keeping this for the date already fixed (in the main case). Just see it (Estate Officer’s hearing) is adjourned beyond that date."
Background of the Dispute
The pleas by Vijay Khurana and the Delhi Gymkhana Club Ltd Staff Welfare Association are part of an ongoing lawsuit following the Land and Development Office's (L&DO) May 22 order. That order terminated the perpetual lease deed of the colonial-era club and demanded the return of the land by June 5, citing the need to strengthen and secure defence infrastructure.
On June 29, the L&DO, operating under the Union Housing and Urban Affairs Ministry, issued a show-cause notice to the club under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The notice, issued by Estate Officer Bipin Kumar Singh, directed the club and all concerned persons to submit a response by July 7 and appear for a personal hearing at 2:30 pm on the same day.
Centre's Previous Assurance to High Court
The eviction move follows the Centre's assurance to the Delhi High Court on May 26 that it would not forcibly take possession of the 27.3-acre premises by June 5. At that time, SG Mehta stated that the Centre would take over the club's land in accordance with the procedure established by law. The land is required for "strengthening and securing defence infrastructure," according to the government.
The case highlights the ongoing legal battle between the historic Delhi Gymkhana Club, established in 1913, and the central government over the prime real estate in the heart of New Delhi. The club's members and staff are contesting the eviction, arguing that the show-cause notice and termination of the lease are unlawful.
