Delhi High Court seeks Central government response to plea challenging Gymkhana Club eviction move

The Delhi High Court on Monday sought the response of the Central government to two applications filed by a member of the Delhi Gymkhana Club and its staff welfare association against Central government’s move to evict the club from its 27.3-acre premises in Lutyens Delhi.

Justice Avneesh Jhingan issued notice to the government and posted the matter for further hearing on July 28.

The Estate Officer of the Land & Development Office (L&DO) had issued show cause notice to Gymkhana last week after Central government filed a plea seeking their eviction. 

Solicitor General Tushar Mehta, appearing for the government, pointed out that he was served with a copy of the applications only yesterday.

He further said that the the hearing before the Estate Officer is scheduled for July 7 but the applicants may seek adjournment before the Estate Officer and have it taken up after the court hearing on July 28.

Additional Solicitor General Chetan Sharma and Central Government Standing Counsel (CGSC) Ashish Dixit also appeared for the Centre. Senior Advocate Abhishek Manu Singhvi appeared for the member Vijay Khurana and Senior Advocate Jayant Mehta appeared for the Club’s staff welfare association

The two applications by Gymkhana Khurana and another by the Club’s staff welfare association were filed in already pending suits.

The pending suits before the High Court challenge government's earlier order to vacate the premises.

While hearing the pleas in May, the High Court had refused to pass any interim orders against the directive. This came after SG Tushar Mehta informed the Bench that any eviction action would be taken only after due notice.

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

In 2022, the Centre initiated proceedings before the National Company Law Tribunal (NCLT) against the club for 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.