Delhi Gymkhana Club row: High Court refuses interim stay on Centre’s eviction notice

The Delhi High Court today declined to grant any interim protection against the Centre’s eviction notice to the Delhi Gymkhana Club. However, the Court recorded the Centre’s assurance that no eviction would take place without following due legal procedure and prior notice.

The matter came up before the Delhi High Court after club members, the Staff Welfare Association, and other parties challenged the Union government’s order directing the club to hand over possession of the property situated in the high-security Lutyens’ Delhi zone by June 5.

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During the hearing, Senior Advocate Abhishek Manu Singhvi, appearing for a Delhi Gymkhana Club member, urged the Court to restrain the authorities from taking coercive action against the club. He argued that the government’s order amounted to a final decision despite no prior show-cause notice being issued to the occupants. Singhvi also questioned the absence of any clarity regarding compensation in the order issued by the Centre.

The proceedings also saw Senior Advocate Kapil Sibal appearing on behalf of the club’s elected body. Referring to the lease provisions relied upon by the Centre, Kapil Sibal argued that every clause of a pre-Constitution agreement must now be tested against constitutional safeguards. He maintained that even an unauthorised occupant cannot be removed without due notice and legal procedure, adding that the club was an authorised occupant under the lease arrangement.

Appearing for the Centre, Solicitor General Tushar Mehta defended the government’s action, arguing that the lease deed itself empowered the government to terminate the arrangement in the public interest. Referring to Clause 4 of the lease, he submitted that the Centre retained the authority to resume possession of the property whenever required for larger public purposes.

Tushar Mehta also told the Court that the issue of compensation could be addressed separately and monetarily. He further informed the Bench that the government was open to considering alternate accommodation arrangements.

Seeking to address concerns raised by the petitioners, the Solicitor General clarified that the Centre had only requested voluntary vacation of the premises and there would be no forcible takeover. He assured the Court that possession would be taken strictly in accordance with the law and only after following the prescribed process.

The Centre also responded to allegations that the committee currently managing the Delhi Gymkhana Club was acting in concert with the government. Tushar Mehta told the Court that the committee had independently raised concerns in the interest of club members and denied any improper coordination with the authorities.

After hearing the submissions, the Delhi High Court issued notice on the petitions filed against the eviction direction but stopped short of granting any immediate stay on the Centre’s move to reclaim the property.