The Supreme Court has instructed the Delhi High Court to consider a petition lodged by eleven members of the Delhi Gymkhana Club. The petition challenges the Central government’s decision to assume control over the club’s extensive 27.3-acre property and the subsequent eviction processes initiated against its members.
Information was available with The Chenab Times that the Supreme Court’s directive came from a bench headed by Chief Justice Surya Kant. This followed an argument presented by senior advocate Vikas Singh, representing the club members. Singh informed the court that the Delhi High Court had initially declined to hear their plea, asserting that only the club itself held the locus standi to contest the Centre’s takeover decision. The High Court had advised the members to obtain clarification from the apex court, permitting them to file their own petitions.
The top court granted the members permission to approach the Delhi High Court, with the caveat that any objections regarding the maintainability of the plea and other legal aspects raised by the opposing side would be considered. This latest development stems from a September 15 Supreme Court order, which had already provided liberty to these eleven members to approach the Delhi High Court. These members are contesting the Centre’s decision to take over the club’s premises located on Safdarjung Road in Delhi, along with the eviction proceedings.
Representing the aggrieved members, Mr. Singh had previously informed a bench led by the Chief Justice of India that the club was currently being managed by a committee nominated by the Central Government. He argued that this government-appointed management was not in a position to engage in a legal dispute with the government itself. He further contended that both the lessor and the lessee were under the government’s control. Mr. Singh also highlighted that the government-nominated management had exceeded the timeline mandated by the National Company Law Appellate Tribunal (NCLAT) for conducting elections and restoring elected control to the club members. He characterized the government’s actions as a mala fide attempt to unlawfully take over the club.
However, the Supreme Court bench had disposed of the initial plea filed by Vipin Aggarwal and ten other club members. It granted them the liberty to either file a fresh petition in the Delhi High Court or to become parties to the ongoing eviction proceedings. The High Court was directed to examine any fresh plea on its merits.
Earlier, on September 3, the Central government had assured the Delhi High Court that no coercive action would be taken against the club concerning its eviction from the property until September 16. The High Court was at that time hearing petitions filed by club member Vijay Khurana and others, who were seeking a stay on a show-cause notice for eviction. This notice was issued on June 29 by an estate officer of the Land and Development Office (L&DO) to the club’s management.
The aggrieved members, including Mr. Aggarwal, have alleged that the government’s actions constitute a “colourable exercise” of power. They argue that these actions violate their fundamental rights guaranteed under Articles 14 and 19 of the Constitution, and that they are being deprived of their property contrary to Article 300A. Consequently, they have sought the quashing of the resumption notification issued by the L&DO on May 22 and the show-cause notice issued by the estate officer on June 29.
In their submission, the members stated that the impugned actions were not merely isolated acts of a landlord but were the culmination of a prolonged and deliberate strategy by the Respondent No. 1 (the Centre) to take over the Gymkhana Club. This alleged design, they claim, has been pursued for over a quarter of a century and is now being finalized while the club is under the control of a government-nominated management. They further pointed out that the validity of this nominated management is currently pending before the court in a civil appeal, underscoring the contentious nature of the current administration.
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The Chenab Times News Desk
