Malicious, violates Constitution: Grounds in Delhi Gymkhana Club eviction challenge before Delhi HC

A suit has been filed before the Delhi High Court by a member of the Delhi Gymkhana Club, challenging the Central government’s order directing the club to vacate the 27.3-acre premises in Lutyens Delhi by June 5.

The suit filed by Vijay Khurana, a longstanding member of the club, was mentioned for urgent hearing by Senior Advocate Abhishek Manu Singhvi today and is likely to be taken up on May 26. 

The lawsuit seeks a declaration and permanent injunction to restrain the government from "illegally determining the perpetual leasehold rights” of the Gymkhana club. It also seeks to restrain the government from “forcibly dispossessing” the club and its members from the “historic 27.3-acre premises situated at 2, Safdarjung Road”. 

Notably, on May 22, the Land and Development Office (L&DO) directed the club to vacate and hand over its 27.3-acre premises at 2, Safdarjung Road. The order invoked clause 4 of the original lease deed, which allows the government to resume possession if the land is required for “public purpose.” 

The government stated that the land, 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.

However, in his plea, Khurana has challenged these arguments. His suit raises the following issues: 

• The government has given vague and generalised reasons of defence infrastructure, public security purposes and governance infrastructure for takeover of the club, with no particular material provided. The government move amounts to a sham. 

• The government is not providing any compensation in respect of the loss of the property, the premium paid, or the buildings and structures standing on the premises. 

• The notice is in “flagrant violation” of Article 300A of the Constitution of India since the government had itself, in a letter dated December 18, 2009, has unambiguously confirmed that the perpetual lease deed confers proprietary rights on Gymkhana Club and these rights cannot be “extinguished in an arbitrary manner without an acquisition process with all the attendant safeguards and payment of compensation”.

• This is a “malicious and colourable exercise, being the last in a series of acts by the government to gain control over the institution”, including a recent attempt to take over the management of the institution.

• The notice amounts to an “attempt to effect forced eviction through executive force, administrative fiat and threat/ exercise of police power instead of following the due process of law."