New Delhi, July 28: The Centre has told the Delhi High Court that it cannot halt eviction proceedings against the Delhi Gymkhana Club after termination of its perpetual lease, asserting that the court has no jurisdiction to restrain action initiated under the Public Premises (Eviction of Unauthorised Occupants) Act.
The government made the submission in response to an application filed by club member Vijay Khurana, who sought a stay on the show-cause notice issued by the Estate Officer for eviction of the club from the 27.3-acre premises.
The Centre argued that the PP Act provides a separate adjudicatory and appellate mechanism and bars civil courts from granting injunctions against proceedings initiated by the Estate Officer. It said the proper course for the petitioners was to participate in the eviction proceedings and raise their objections before the designated authority.
Justice Avneesh Jhingan on Tuesday listed Khurana’s suit and a similar plea filed by the Delhi Gymkhana Club Ltd Staff Welfare Association for hearing on September 3. The court noted that the Centre’s reply had been received late and allowed time for filing rejoinders.
When the petitioners sought clarification on whether the Centre’s earlier assurance of seeking an adjournment before the Estate Officer would continue, the court said, “obviously”.
In its reply, the Centre maintained that the perpetual lease granted on February 28, 1928, was validly terminated through a notice dated May 22, 2026, and that the club’s continued occupation had ceased to be authorised under the PP Act.
The government said the matter did not involve compulsory acquisition, as the lease agreement itself allowed termination and re-entry of the premises for a public purpose. It argued that a club member, who was not a party to the lease agreement, could not independently challenge the government’s contractual rights.
The Centre further stated that it was prepared to fulfil its compensation obligations under the lease deed after taking possession of the property.
The Land and Development Office (L&DO), under the Union Housing and Urban Affairs Ministry, had issued a show-cause notice on June 29, asking the club to explain why an eviction order should not be passed under the PP Act. The notice was issued by Estate Officer Bipin Kumar Singh and required the club and occupants to respond by July 7.
The government had earlier informed the high court on May 26 that it would not forcibly take possession of the premises by June 5, while maintaining that the land was required for “strengthening and securing defence infrastructure”.
Khurana, backed by over 500 club members, has challenged the eviction move, alleging that the Centre’s defence-related reasons were vague and amounted to an attempt at forced eviction without due process.
The petitioners have sought a stay on the eviction notice, maintenance of status quo on possession and functioning of the club, and a direction preventing the Estate Officer from passing a final order or taking coercive action until the legal challenge is decided.
The matter will now be heard on September 3, with the Centre insisting that the eviction process proceed under the PP Act and the petitioners continuing their challenge to the lease termination and show-cause notice.
