Delhi Hc Issues Notice On Plea Against New Eviction Notice For Gymkhana Club

The Delhi High Court on Monday issued notice on an application challenging the Centre’s fresh eviction proceedings against the Delhi Gymkhana Club (DGC), after the Union government sought time to respond. The matter will now be heard on July 28.

The application was filed by long-standing club member Vijay Khurana along with the DGC Staff Welfare Association against a June 29 show-cause notice issued under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The notice, issued by the estate officer, directed the club’s representative to appear on July 7 and explain why eviction proceedings should not continue following an earlier eviction order.

It stated that after the Centre terminated the club’s lease on May 22 and exercised its right of re-entry under the lease deed, the club’s continued occupation amounted to “unauthorised occupation” under the Public Premises Act. It further said the land was required for defence infrastructure, public security, governance infrastructure and other projects in the public interest.

A bench of Justice Avneesh Jhingan issued notice on the application after solicitor general Tushar Mehta, appearing for the Centre along with advocate Ashish Dixit, sought time to file a reply.

During the hearing, Mehta submitted that since the show-cause notice required the club to appear before the estate officer on July 7, the petitioners could seek an adjournment before the authority.

“Issue notice. Counsel for the respondent seeks time to file a response. List on July 28,” the court ordered.

In their plea, the petitioners argued that the June 29 show-cause notice was “entirely erroneous and premature” because the legality of the lease termination itself remains under challenge before the Delhi High Court.

They contended that the estate officer had failed to independently assess whether the club was in unauthorised occupation, as required under Section 4 of the Public Premises Act, and had merely adopted the Union government’s Land and Development Office’s conclusion that the lease had been validly terminated.

“The estate officer has not formed an independent prima facie opinion... Instead, the show-cause notice mechanically adopts the executive conclusion of the L&DO that the lease has been lawfully determined,” the application stated.

On May 22, the Centre directed the club to hand over its premises at 2, Safdarjung Road, to the Land and Development Office (L&DO) by June 5, invoking a public-purpose clause in the original lease deed. The order stated the property is located in a “highly sensitive and strategic area” and is required to strengthen defence infrastructure and serve public security needs.

On May 26, the Centre had told the high court that it would not take “immediate possession” of the property and that any eviction-related action would be undertaken only in accordance with law and after issuance of prior notice.