Delhi High Court Requests Government Response on Gymkhana Club Case

The Delhi High Court has requested the central government’s response regarding a petition filed by 11 members of the Delhi Gymkhana Club. This petition challenges the takeover of the club’s 27.3-acre grounds and the ongoing eviction proceedings initiated under public premises legislation. Justice Amit Mahajan issued formal notices on 30 October 2023 to the Union Ministry of Housing and Urban Affairs, the Deputy Land and Development Officer, the Estate Officer, and the Delhi Gymkhana Club Ltd. The court has asked all respondents to submit their replies and scheduled the next hearing for 17 November 2023.

During the hearing, senior advocate Vikas Singh, representing the petitioners, sought to halt the eviction proceedings being conducted under the Public Premises (Eviction of Unauthorised Occupants) Act. In response, Ashish Dixit, the standing counsel for the central government, contested the request for interim relief, asserting that the proceedings under the Public Premises Act cannot be stayed. He further questioned the maintainability of the writ petition, suggesting that the petitioners should raise their issues directly with the estate officer.

The legal challenge is directed against two administrative directives. The first is a termination order issued on 22 May 2023 by the Land and Development Office (L&DO), which revoked the club’s colonial-era perpetual lease. The second is an eviction notice served on 29 June 2023 by the estate officer. The termination order required the club, located at 2, Safdarjung Road, to vacate the premises by 5 June 2023. The L&DO justified the lease cancellation by citing the need to enhance and secure defence infrastructure.

The petition, filed by Vipin Aggarwal and other members, asserts that the eviction is an arbitrary exercise of authority aimed at depriving them of property and infringing upon their fundamental rights. The petitioners argue that the actions taken are not typical of a lessor and represent a culmination of a 25-year effort by the government to gain full control over the club. They point out that the government previously assumed control of the club’s administration by installing a fully state-nominated General Committee, which is also under scrutiny in the High Court.

The petitioners felt compelled to approach the court independently, as they believe the government-appointed management currently overseeing the club would not initiate legal action against the takeover. This petition is part of a broader legal context, with five related lawsuits pending before the Delhi High Court concerning the club premises.

Among these pending cases is a petition from employees of the Delhi Gymkhana Club, including kitchen and housekeeping staff, waiters, cooks, gardeners, groundsmen, plumbers, electricians, security guards, and lifeguards. This group seeks judicial protection for their livelihoods, invoking fundamental protections under Articles 14, 19(1)(g), and 21 of the Constitution of India.