A suit has been instituted before the Delhi High Court challenging the Central government’s directive requiring the Delhi Gymkhana Club to vacate its 27.3-acre premises situated in Lutyens’ Delhi by June 5.
The matter was mentioned before Justice Avneesh Jhingan, who agreed to list the case for hearing on May 26. The suit has been filed by Vijay Khurana, a long-standing member of the club, and was urgently mentioned by Senior Advocate Abhishek Manu Singhvi.
In his plea, Khurana has sought a declaration that the government’s attempt to terminate the club’s perpetual lease is unlawful. The suit also seeks a permanent injunction restraining authorities from dispossessing the club and its members from the historic Safdarjung Road property.
The dispute arises from a May 22 communication issued by the Land and Development Office (L&DO), directing the club to hand over vacant possession of the land. The government invoked Clause 4 of the original lease deed, which authorises resumption of possession where the property is required for a public purpose.
According to the Centre, the land located in close proximity to the Prime Minister’s residence and other high-security establishments in Lutyens’ Delhi is needed for development of defence-related infrastructure, government facilities, and enhancement of public security arrangements.
The plaintiff, however, has challenged the justification offered by the government, contending that the reasons cited are vague, unsupported by concrete material, and merely a pretext to dispossess the club. The suit characterises the proposed takeover as arbitrary and lacking bona fide public purpose.
The plea further alleges that the government has neither initiated acquisition proceedings nor offered compensation for the land, the premium paid under the lease, or the structures standing on the premises.
It has also been argued that the impugned action violates Article 300A of the Constitution, which protects the right to property from deprivation except by authority of law. Reliance has been placed on a government communication dated December 18, 2009, which allegedly acknowledged that the perpetual lease conferred proprietary rights upon the club that could not be extinguished arbitrarily without due process and payment of compensation.
Khurana has additionally alleged that the move forms part of a larger attempt by the government to assert control over the institution, including through recent efforts aimed at taking over the club’s management and administration.
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