New Delhi [India], July 4 : The Delhi Gymkhana Club and its Staff Welfare Association have approached the Delhi High Court challenging the Central Government's decision to initiate eviction proceedings against them from the Club's existing premises at 2, Safdarjung Road in Lutyens' Delhi.
The matter has been listed before the bench of Justice Avneesh Jhingan on July 6, when the court is scheduled to hear the applications filed by the Club and the Staff Welfare Association.
The petitions come after the Centre, through the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, initiated statutory eviction proceedings against the Club, alleging that it has become an unauthorised occupant following the termination of its perpetual lease.
Recently, the Estate Officer had issued a showcause notice to the Delhi Gymkhana Club under Section 4(1) read with Section 4(2)(b)(ii) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, directing it to explain why an eviction order should not be passed against it. The Club has been asked to file its response on or before July 7 and appear before the Estate Officer on the same day at 2:30 pm.
According to the notice issued through the Land & Development Office (L&DO), the Club's continued occupation of the 27.3-acre property after the termination of its perpetual lease and resumption of the land by the government for an alleged public purpose amounts to "unauthorised occupation" within the meaning of Section 2(g) of the Public Premises Act.
The Centre has contended that President Droupadi Murmu exercised powers under Clause 4 of the perpetual lease deed, which permits resumption of the land if it is required for a public purpose. It has been argued that once the lease stood terminated and the land resumed, the Club ceased to have any legal right to remain in possession, rendering its continued occupation unauthorised.
The showcause notice directs the Club to appear through its office-bearers or an authorised representative and produce all documentary and oral evidence it seeks to rely upon. It also cautions that failure to appear or submit a response may result in the proceedings being decided ex parte.
The eviction proceedings stem from the Union Government's plaint before the Estate Officer seeking a declaration that the Delhi Gymkhana Club is an unauthorised occupant of the premises and its eviction under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
In the plaint, the government has alleged that the 27.3-acre property situated at 2, Safdarjung Road is valuable public land located in a strategically sensitive area of the national capital and is required for strengthening defence infrastructure, public security, governance infrastructure and other projects stated to be in the public interest.
The government has further stated that after terminating the lease through a notice dated May 22, it directed the Club to hand over peaceful possession by June 5. According to the plaint, the Club failed to vacate the premises despite the notice and has continued to remain in occupation, prompting the initiation of eviction proceedings under the Public Premises Act.