High Court directs Centre to defer July 7 eviction hearing against Delhi Gymkhana Club

The Delhi High Court on Monday sought the stand of the Centre on pleas by Delhi Gymkhana Club members and staff against the show-cause notice for eviction from its 27.3-acre premises on Safdarjung Road here.

Justice Avneesh Jhingan issued notice to the central government on applications seeking a stay on the operation of the show-cause notice, and asked Solicitor General Tushar Mehta to ensure that the July 7 hearing before the Estate Officer is adjourned to a day after the next date of hearing in court on July 28.

Also read: Delhi Gymkhana Club members, staff move Delhi HC against Centre's show-cause notice for eviction


SG Mehta said the Centre would file its response to the applications.

Noting that a hearing before the Estate Officer was scheduled for July 7, he added, "They can seek an adjournment there."

"Mr Mehta, we are keeping this for the date already fixed (in the main case). Just see it (Estate Officer's hearing) is adjourned beyond that date," Justice Jhingan told the law officer.

The pleas by Vijay Khurana and Delhi Gymkhana Club Ltd Staff Welfare Association form part of their pending lawsuit following the Land and Development Office's (L&DO) May 22 order terminating the perpetual lease deed and asking the colonial-era club to return its land by June 5 on grounds of strengthening and securing defence infrastructure .

On June 29, the L&DO under the Union Housing and Urban Affairs Ministry issued a show-cause notice to the club, asking it to explain why an eviction order should not be passed against it under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The notice, issued by Estate Officer Bipin Kumar Singh, directed the club and all persons concerned occupying the premises to submit their response by July 7 and appear for a personal hearing on the same day at 2.30 pm.

The move came more than a month after the Centre told the Delhi High Court on May 26 that it would not take forceful possession of the 27.3-acre premises by June 5, which is required for "strengthening and securing defence infrastructure".

Mehta then said that the Centre would take over the club's land in accordance with the procedure established by law.

What is the Gymkhana row?

The dispute traces back to a May 22 order by the L&DO, which functions under the Union Ministry of Housing and Urban Affairs, directing the colonial-era club to hand over its land by June 5. The Centre had cited the need for "strengthening and securing defence infrastructure" at the 27.3-acre site as the reason for the eviction.

On May 26, the Centre had told the Delhi High Court that it would not take forceful possession of the premises by the June 5 deadline.

More than a month later, on June 29, the L&DO issued a show-cause notice to the club asking it to explain why an eviction order should not be passed against it under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The notice, issued by Estate Officer Bipin Kumar Singh, directed the club and all persons occupying the premises to submit their response and appear for a personal hearing on July 7 at 2.30 pm.

Also read: Delhi Gymkhana Club served show cause notice in eviction proceedings; asked to explain why it should not be evicted by July 7

In his lawsuit, which is stated to be backed by more than 500 club members, Khurana has alleged that the Centre's stated grounds of defence infrastructure and security are "vague and generalised" and amount to a "sham." He has claimed that the move is an "attempt to effect forced eviction" rather than following due process of law, according to PTI.

The matter will next be heard after July 28, per the High Court's directions on Monday.