New Delhi, Sept. 3 -- The government on Thursday told the Delhi High Court that it would not take any coercive action against the Delhi Gymkhana Club in connection with ongoing eviction proceedings until September 16.
The assurance was given during a hearing on pleas seeking a stay on a June 29 eviction notice issued to the club under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The notice had directed the club's representative to appear and explain why the eviction proceedings should not continue. It referred to the termination of the club's lease on May 22 and the government's decision to exercise its right of re-entry under the lease deed. The government has maintained that the club's continued occupation amounts to unauthorised occupation. It has also said the land is required for defence infrastructure, public security, governance infrastructure and other public-interest projects.
During Thursday's hearing, the court asked the petitioners whether they were willing to file their response to the eviction notice. The petitioners sought time to obtain instructions. The court said the existing interim arrangement would continue until the next hearing and fixed September 16 as the next date. The petitioners have argued that the June 29 notice was premature and based on erroneous assumptions, noting that their challenge to the club's eviction and the validity of the lease termination are still pending.
The government, however, has argued that the pleas are not maintainable, claiming that the Public Premises Act bars civil courts from granting injunctions against actions taken or proposed by an estate officer in eviction proceedings. The Delhi Gymkhana Club, established in 1913 and located near the Prime Minister's residence in Lutyens' Delhi, is among the country's oldest clubs. In May, the government had directed the club to hand over the premises to the Land and Development Office, citing a public-purpose clause in the original lease deed and describing the property as being in a highly sensitive and strategic area.
Published by HT Digital Content Services with permission from Millennium Post.