HC refuses to halt Gymkhana eviction
The Delhi High Court on Tuesday declined to pass any interim order restraining the Union Government from asking the Delhi Gymkhana Club to vacate its premises by June 5. The bench of Justice Avneesh Jhingan also refused to interfere at with the Government’s decision to terminate the perpetual lease of the 27.3-acre plot of the club in the heart of Delhi. The matter has now been listed on July 28 for completion of pleadings.
Representing the Government Solicitor General Tushar Mehta assured the HC that there would be no “forcible possession” or sudden takeover and that any eviction, if carried out, would be strictly in accordance with law and after prior notice. The SG, appearing through video conferencing, defended the Government’s action and submitted that the apprehension of the plaintiffs are baseless.
“June 5 is the date of which we have given an option to the lessee to vacate on its own. Unlike the popular belief, which is going rounds in media circles, it not that the police will rush in and forcible possession will be taken over. It will have to be taken over in accordance with the procedure established by law,” the SG submitted. Mehta added that compensation in this case can either be in terms of money or the Government can offer an alternative land. The HC observed that there was nothing on record to suggest that authorities had initiated legal action for eviction and therefore no interim order was required.
“As on date, there is nothing on record to substantiate that action under the Public Premises (Eviction of Unauthorised Occupants) Act has been taken and in case the need so arises, the plaintiffs can avail remedies in accordance with law. The locus standi of the parties to file the plaint would be determined at an appropriate stage. Taking into account that summons in the main suits have been accepted by the defendants and in view of the statement made by the learned Solicitor General of India, no further interim directions are called for. At the cost of repetition, the statement is to the effect that eviction, if undertaken would be in accordance with law and after issuance of prior notice. It is reiterated that the apprehension of the plaintiffs that the governing body of the Club may hand over the possession is contrary to the stand taken by the governing body of the Club,” reads the order.
The HC was hearing pleas filed by longtime club member Vijay Khurana and the Delhi Gymkhana Staff Welfare Association challenging the Government’s decision to terminate of the club’s perpetual lease and proposed re-entry into the premises. Senior advocate Abhishek Singhvi, appeared for Gymkhana members while Senior advocate Kapil Sibal, appeared for the club’s last elected body.
