The Delhi Gymkhana Club at 2, Safdarjung Road is caught in a legal conundrum, with the sprawling 27.3 acre premises at the club facing a legal tussle. The central government wants the prime Lutyens’ real estate back. Those who are members are trying to keep the club open. The controversy went to the Delhi High Court yesterday. Avneesh Jhingan, presiding over the bench, heard a lot of arguments. He came up with the decision not to grant the club the interim protection which they walked in seeking. Instead, he got a pledge from the government
The Notice That Started the Panic
The movement that has unfolded late last week started the chaos. The Land and Development Office sent out a very aggressive letter on 22nd May. The L&DO is part of the Ministry of Housing and Urban Affairs. Their notification went to the club administration. It informed them that they must be ready with their belongings by June 5 and peacefully surrender the land.
The government used an old perpetual lease deed to justify its actions, Clause 4. They said they were in urgent need of land to boost national defense and address other issues of public security. The letter was not a plea. The L&DO forwarded a copy of the notice to the local Deputy Commissioner of Police and Station House Officer. They asked the cops to arrange adequate force. They had requested the police to be present by June 5 to ensure law and order during the government officials’ inspection of the property.
The people involved in the club were filled with terror at that detail. The Gymkhana has about 14 thousand members. It also has over 500 employees on the payroll. The employees rely on the institution for their livelihood. When it seemed that police action was imminent, there was a lot of panic. There were multiple lawsuits drafted over the weekend. A petition was filed by a long-time member Vijay Khurana. An additional was filed by the Staff Welfare Association. The club had an old governing body which employed top-notch lawyers and took to the battle alongside
The Courtroom Clash
The video conference hearing was full on Tuesday. Abhishek Manu Singhvi and Kapil Sibal appeared for the two sections of the club. Defending the central government, Solicitor General Tushar Mehta logged in.
The club members were coming in with a definite fear. The Gymkhana is not even run by its own people at present. The NCLT in a while identified serious issues in the management of the place. Due to those corporate conflicts, the government took away the elected board. They put in place a 15-member committee of government appointees to administer it. Singhvi told the court that the club members were afraid that those government nominees would leave the keys without a struggle to the Centre
Singhvi pointed out that the May 22 notice was a “legal malice. He noted no precedent was set beforehand for the eviction order to be issued.
Sibal challenged the validity of the eviction itself. He was only concerned with Clause 4 in the lease contract. The government states that this clause allows it to end the lease at any time and reclaim the land if the government chooses to do so for a public benefit. Sibal said that such a unilateral rule can’t withstand today’s constitutional requirements. He introduced the Article 300A that guarantees right to property of a person. He informed the judge that the court has to determine whether the government has the authority to simply cancel a perpetual lease such as this.
The tone of the Government changes.The government goes through a change of tone.
There was the sound of a raid in the L&DO letter. Things changed drastically at the hearing, however, when Mehta did. He needed to calm down.
He told the judge that there was no reason to think that the government would forcefully bring anybody out next week. He said June 5 was just a date that the club was given. This was a time limit for them to depart by their own will. He assured that police would not storm gates and push staff in the street.
Mehta has assured the court that if the club is unable to vacate by June 5, then the Centre will adhere to the strictures under the Public Premises Act. This is a particular statute concerning eviction of unauthorised people. It calls upon the government to issue formal show cause notices and give a proper legal process before taking anyone away from the premises.
He also resisted the notion of the government taking the land. They had a right to end the lease, he told the court. President of India’s property. Mehta said that compensation is an altogether different matter. He recommended the club would be paid off in cash by the government if the club left. They may even discover another parcel of land within the town, where the club could establish itself in a different location. However, the address on Safdarjung Road has to be handed over to the state.
The Judge Steps Back
Justice Jhingan listened to both sides and decided to trust the Solicitor General.
He examined the documents and found that the government hasn’t yet brought the Public Premises Act into effect. In fact, Mehta has said on the official court record that there would not be any forced takeover, which made it not necessary to impose a formal stay order. He basically ruled there is nothing to stop right now.
To the members of the club he said if government tries to circumvent the law and bring anything more aggressive, they have the right to return to court. For the time being, however, no respite would be provided. The case will be retried in July.
A Century of Waiting
This battle is not just to claim a piece of land! It is a discussion on an establishment that is more than a century old. Delhi Gymkhana came into existence in 1913. The present clubhouses and lawns date from the early 1930s, when they were laid out by the man who owned them, Robert T. Russell. Sir, he’s the same architect who designed Connaught Place.
