Delhi High Court Delays Gymkhana Club Eviction Amid Centre's Assurance

No Immediate Eviction for Delhi Gymkhana Club Members

New Delhi: The Delhi High Court has provided a temporary reprieve to members of the Delhi Gymkhana Club, acknowledging the Centre's statement that it will not forcibly take possession of the historic club by June 5. Consequently, the court deemed that no interim order was necessary at this time.

Justice Avneesh Jhingan declined to intervene in the Centre's decision to end the perpetual lease of the club's 27.3-acre site located in Lutyens' Delhi, scheduling the next hearing for late July.

Solicitor General Tushar Mehta, representing the Central government, clarified that any eviction process would follow legal protocols and proper notice would be given.

He emphasized that June 5 is merely a deadline for the lessee to vacate voluntarily, countering media speculation about a police-led forceful eviction.

Mehta also mentioned that compensation could be monetary or involve offering alternative land.

On May 22, the Land and Development Office (L&DO) under the Union Housing and Urban Affairs Ministry instructed the Gymkhana Club to vacate its land by June 5, citing the need to enhance defense infrastructure.

The court noted that there was currently no evidence indicating that legal eviction actions had commenced, thus no interim order was warranted regarding the lawsuits filed by club members and staff.

Justice Jhingan remarked that the eviction issue was premature and speculative, allowing plaintiffs to seek legal remedies if necessary.

Considering the summons issued and the solicitor general's statements, the court found no need for additional interim directives, affirming that any actions would adhere to legal procedures with prior notice.

The court also summoned the Centre and the club's management in relation to the lawsuits from Gymkhana members, staff, and the last elected governing body, requesting written responses within eight weeks.

The court dismissed concerns from plaintiffs that the club's governing body, which includes Central nominees, might collude with authorities to facilitate possession transfer.

This concern contradicted the solicitor general's claim that the governing body had already communicated grievances to the authorities, according to the judge.

The court's order indicated that it would address issues regarding the plaintiffs' standing to file lawsuits and the necessity of prior notice for lease termination at a later stage.

Senior advocate Abhishek Singhvi, representing Gymkhana members, urged the court to prevent authorities from taking further actions.

He argued that the Centre's decision to terminate the 1928 perpetual lease lacked a legitimate public purpose, violated Article 300A of the Constitution, and failed to address compensation.

Article 300A states that individuals cannot be deprived of property except by law.

Singhvi pointed out that since the club is managed by Central government nominees, members felt compelled to seek relief from the high court.

Senior advocate Kapil Sibal, representing the club's last elected body, contended that this was not a case of unauthorized occupation and that eviction notices could not be issued after the government had already re-entered the premises.

Mehta accused the plaintiffs of fabricating concerns.

He reiterated that eviction could not occur through force and must follow legal procedures.

Vijay Khurana, a Gymkhana member and plaintiff, claimed that the vague reasons provided by the Centre regarding defense infrastructure were merely a pretext for forced eviction, bypassing due legal process.

His lawsuit is backed by over 500 other members of the Delhi Gymkhana Club.

The plea seeks to prevent the Central government from unlawfully terminating the Gymkhana Club's perpetual leasehold rights and to stop any forced eviction from the historic site at 2, Safdarjung Road.

The DGC is located near the Prime Minister's residence on Lok Kalyan Marg, on one of the city's most valuable and strategically significant land parcels, situated within a high-security administrative zone that also accommodates several key central government and defense establishments.

Originally established on July 3, 1913, as the Imperial Delhi Gymkhana Club, it was created for colonial administrators and military personnel.

The term 'Imperial' was removed following India's independence in 1947, while the current structures were built in the 1930s.

In 2022, the National Company Law Tribunal (NCLT) allowed the appointment of 15 government-nominated directors to the club's general committee after the Ministry of Corporate Affairs filed a petition alleging oppression and mismanagement.