Delhi HC Justice Prateek Jalan recuses from hearing Gymkhana Club staff association's plea

Delhi High Court Justice Prateek Jalan today recused from hearing the Delhi Gymkhana Club Staff Welfare Association’s plea challenging the Central government's move to evict the club from its Lutyens' Delhi premises.

Justice Jalan recused from hearing the matter since he is a member of the club.

"I would be more comfortable if somebody else hears this," he said.

The matter concerns proceedings initiated by the Central government to evict Delhi's Gymkhana Club from a 27.3-acre premises at Safdarjung Road in Lutyens' Delhi.

The land on which the club functions was given to it on a perpetual lease in 1928. Clause 4 of the lease deed provides that the premises can be re-entered by the lessor (Central government) if required for a public purpose. 

In 2022, the Centre initiated proceedings before the National Company Law Tribunal (NCLT) to take over the club's affairs, citing a violation of the terms of the lease deed and mismanagement. The NCLT allowed the prayer and ordered the appointment of 15 members to be nominated by the Centre for running the day-to-day business of the club. The NCLAT later upheld this order.

On May 22 this year, the Centre passed an order terminating the club's perpetual lease. The government stated that the land, which is located near the Prime Minister’s residence and other high-security installations in Lutyens’ Delhi, was needed for “strengthening and securing of defence infrastructure,” governance facilities and other “vital public security purposes."

This was challenged by members and employees of the Delhi Gymkhana Club before the Delhi High Court. On May 26, the High Court refused to pass any interim orders against the Centre's directive after Solicitor General Tushar Mehta assured that any eviction action would be taken only after due notice.

Justice Avneesh Jhingan issued notice to the government in the matter in July.