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‘Club member can’t challenge leasehold rights between Gymkhana Club and govt’ | Delhi News


‘Club member can’t challenge leasehold rights between Gymkhana Club and govt’

New Delhi: A club member has no right to challenge leasehold rights between Delhi Gymkhana Club and govt, the Centre told Delhi High Court Tuesday. It also maintained that a court has no legal power to restrain govt from taking over the DGC land after the termination of the perpetual lease for the club and the issuance of a show-cause notice for eviction.The response came on a plea by a DGC member seeking a stay on the show-cause notice issued by the estate officer.The govt argued that under the Public Premises (Eviction of Unauthorised Occupants) Act, a civil court’s jurisdiction over any suit or proceeding in respect of the eviction is barred, and the grant of any injunction is also prohibited. It cited the HC’s earlier decision to lift its stay on similar proceedings against Delhi Race Club to back its arguments.During a brief hearing on Tuesday, Justice Avneesh Jhingan posted the member’s lawsuit, as well as a suit by the Gymkhana staff, for hearing on Sept 3 after their senior counsel submitted that they received the reply late last night and would file a rejoinder.As the plaintiff’s senior counsel sought clarification on the continuation of the Centre’s assurance regarding getting the hearing adjourned before the estate officer in the meantime, the court responded, “obviously.”In its reply, the Centre said, “Proper remedy for the grievance sought to be litigated by injunction is participation in the hearing before the estate officer itself, where all grounds, including the challenge to the validity of determination, may be raised and must be considered.”Filed through standing counsel Ashish Dixit, the govt also clarified that it was not a case of “compulsory acquisition” because the perpetual lease itself “expressly and unambiguously” reserved its right to re-enter the premises for a “public purpose,” which can’t be questioned or assailed by a club member.The Centre also said it was fully prepared to discharge its “compensation obligations” under the lease deed upon taking possession.On June 29, the L&DO under the Union housing and urban affairs ministry issued a show-cause notice to the club, asking it to explain why an eviction order should not be passed against it under the PP Act.



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