Delhi HC to hear Gymkhana lawsuit against Centre's eviction order today
DGC member Vijay Khurana, whose plea has backing of nearly 500 members, sought an order restraining the Centre from “illegally determining" the club's perpetual leasehold rights and forcibly dispossessing it.
by Zee Media Bureau · Zee NewsA member of the prestigious Delhi Gymkhana Club (DGC) and its staff welfare association have approached the Delhi High Court challenging the Centre’s directive ordering the club to vacate its 27.3-acre premises in Lutyens’ Delhi by June 5.
This escalates a legal dispute over the iconic institution’s continued occupation of the government-owned property.
The two separate suits are slated to be heard on Tuesday by Justice Avneesh Jhingan as matter was mentioned by senior advocate Abhishek Manu Singhvi for urgent listing.
Also Read | End of road for elite Delhi Gymkhana Club: Centre orders British-era club to vacate premises by June 5
Centre directed the club to vacate the premises
The Centre on May 22 directed the club to vacate and 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.
According to the order the property is situated in a “highly sensitive and strategic area”, and is needed to strengthen defence infrastructure and serve public security requirements.
A notice issued to the Club management for eviction said that, "it has been determined that the said premises, located in a highly sensitive and strategic area of Delhi, is critically required for the strengthening and securing of Defence infrastructure and other vital public security purposes”.
The Centre claimed that Clause 4 of the Lease Deed explicitly states that if the premises are required for a public purpose, the Lessor is legally entitled to reclaim possession of the property.
DGC pleads for status quo
Club member Vijay Khurana, whose plea has backing of nearly 500 members, sought an order restraining the Centre from “illegally determining" the club's perpetual leasehold rights and forcibly dispossessing it.
The suit also seeks an interim direction to maintain status quo with regard to the property.
The suit, which was mentioned before Justice Jhingan by Abhishek Manu Singhvi, contended that the May 22 notice does not provide for any compensation, thereby violating Article 300A of the Constitution.
The club’s suit further contended that the Centre, in its December 18, 2009 letter, had explicitly stated that the club’s “ownership and titles stand restored”, thereby recognising that the perpetual lease deed dated February 2, 1928 granted proprietary rights to the club.
“The impugned notice is a malicious and colourable exercise. an attempt to effect forced eviction through executive force instead of following due process of law,” the suit said.
'Bust the myth that Club belongs to super-rich': Member of DGC
"The first issue I think mostly is that we have to bust the myth that Gymkhana Club belongs to super-rich people with big cars or a lot of money, which is a total myth," Rumnita Mittal, Member of the Club, said on Centre’s order.