New Delhi: Delhi High Court Wednesday said it will hear on Sept 29 petitions challenging Centre’s proceedings against Delhi Gymkhana Club for its eviction from the 27.3-acre premises on Safdarjung Road.Gymkhana member Vijay Khurana and Delhi Gymkhana Club Ltd Staff Welfare Association have filed lawsuits against the May 22 order of Land and Development Office (L&DO) terminating the colonial-era club’s perpetual lease deed and asking it to return the land by June 5 on grounds of “strengthening and securing defence infrastructure”.They have also filed applications seeking a stay on the June 29 show-cause notice for eviction issued to the club’s management by an estate officer of L&DO.Centre had earlier said it would not take any coercive action in relation to its eviction proceedings.In a reply filed in the matter, it added that members cannot restrain the enforcement of rights arising from the now-determined lease deed between the authorities and the club for the land parcel.“The plaintiff cannot claim a personal estate in the land, or a right to enforce the terms of an instrument to which he is not privy, merely by describing his membership privileges as a right to enjoy the club premises,” it added.The response, filed through standing counsel Ashish Dixit, stated the premises situated in a sensitive and strategic area are required for defence infrastructure, public security, institutional and governance infrastructure, and public-interest projects integrated with other adjoining govt lands.These purposes are not rendered legally incompatible merely because the premises have historically accommodated a private club, the reply emphasised.Centre’s written submissions further reiterated that the reliefs sought in the matter were barred under Public Premises (Eviction of Unauthorised Occupants) Act, which completely ousts a civil court’s jurisdiction.Govt had earlier asserted that HC has no legal power to restrain it from taking over the club land after the termination of the perpetual lease for the club and issuance of a show-cause notice for eviction by the estate officer.It submitted that under Public Premises (Eviction of Unauthorised Occupants) Act, a civil court’s jurisdiction over any suit or proceeding in respect of the eviction is barred and the grant of any injunction in respect of the estate officer’s action is also prohibited.Given that the perpetual lease deed was a bilateral instrument between Centre and Delhi Gymkhana Club, a member, who was neither a party nor privy to the agreement, can’t independently restrain the authorities from exercising their contractual rights, Centre had said.Khurana has said in his lawsuit that the “vague” and “generalised” reasons of defence infrastructure and security given by Centre were just a “sham”. The move, he claimed, was an “attempt to effect forced eviction” instead of following the due process of law.
