The Delhi High Court is to hear petitions filed by members of Delhi Gymkhana Club and its Staff Welfare Association against the Centre on Wednesday to fight the decision to launch eviction of the historic institution from its 27.3-acre ground in 2 Safdarjung Road in Lutyens' Delhi.
The matter is before the bench of Justice Avneesh Jhingan. The petitions challenge the eviction notice under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, after the Centre terminated the club's perpetual lease and declared its continued occupation of the property unauthorised.
At an earlier hearing, the Union government assured the High Court that no coercive action would be taken against the club without due process of law.
Why has the Centre started eviction proceedings?
The eviction was initiated after the Estate Officer, acting under the Public Premises (Eviction of Unauthorised Occupants) Act, issued a show-cause notice to the Delhi Gymkhana Club under Sections 4(1) and 4(2)(b)(ii) of the Act.
The notice asked the club to explain why an eviction order should not be passed against it. The club shall reply by July 7 and appear before the Estate Officer the same day at 2:30 p.m.
By the Land & Development Office (L&DO), the club had become an unauthorised occupant when the Centre terminated its perpetual lease and resumed possession of the land for an alleged public purpose.
Centre cites public purpose
The Union government has argued that President Droupadi Murmu exercised powers under Clause 4 of the perpetual lease deed, which allows the government to resume possession of the land if it is required for a public purpose.
The government insists that when the lease was terminated and the property resumed, the club no longer had a legal right to remain on the premises. It has sought the club’s eviction under the Public Premises Act.
The show-cause notice also directs the club to provide documentary and oral evidence to aid its case. Failure to respond or appear before the Estate Officer may result in ex parte proceedings.
Club challenges eviction
Delhi Gymkhana Club and its Staff Welfare Association approached the High Court on 4 July, arguing against the legality of the eviction process initiated by the Centre.
They want the court to intervene against the government's move to remove the club from its long-running premises, which has been home to the institution for more than a century.
Government says land needed for public projects
In its plaint before the Estate Officer, the Centre has described the 27.3-acre property as valuable public land situated in a strategically important area of the national capital.
According to the government, the land is required for strengthening defence infrastructure, public security, governance infrastructure and other projects that serve the public interest.
The Centre also stated that it had issued a notice on May 22 terminating the lease and directed the club to hand over vacant possession by June 5. Since the club did not vacate the premises, eviction proceedings were initiated under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
Based on the High Court’s decision, the immediate action will be taken, while statutory eviction proceedings are before the Estate Officer.
