The Delhi High Court on Monday issued notices to the Central government concerning applications filed by a member and the Staff Welfare Association of the Delhi Gymkhana Club. These applications challenge a show-cause notice issued by the Estate Officer, which initiated eviction proceedings for the club’s extensive 27.3-acre premises in Lutyens’ Delhi.
Justice Avneesh Jhingan presided over the bench, which has listed the matter for further hearing on July 28. Solicitor General Tushar Mehta, representing the Centre, sought additional time to file a comprehensive response to the applications.
The Estate Officer's show-cause notice, dated June 29, was issued under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. It directed the club's representatives to appear by July 7 to explain why eviction proceedings should not proceed, aligning with an earlier eviction order. The notice asserts that following the termination of the club's lease on May 22 and the government's subsequent exercise of its right of re-entry, the club's continued occupation is now considered 'unauthorised'.
The Centre has stated that the land is crucial for various public interests, including strengthening defence infrastructure, enhancing public security, and developing governance infrastructure. The original order on May 22 had directed the club to hand over its property at 2, Safdarjung Road, to the Land and Development Office by June 5, invoking a 'public-purpose clause' embedded in the club’s original perpetual lease deed from 1928.
The applicants, including club member Vijay Khurana and the Staff Welfare Association, contend that the June 29 show-cause notice is based on 'entirely erroneous and premature assumptions'. They argue that the notice was issued while their primary suit challenging the Centre’s May 22 lease termination order remains pending before the High Court, where the validity of the lease termination has not yet been decided. In May, the High Court had declined to issue an interim stay against the directive to vacate, after the Solicitor General assured that no immediate possession would be taken and any eviction would follow due legal process with prior notice.
The Delhi Gymkhana Club, established in 1913 as the Imperial Delhi Gymkhana Club and renamed post-Independence, is strategically located next to the Prime Minister’s residence on Lok Kalyan Marg.