New Delhi [India], July 6 (ANI): The Delhi High Court on Monday issued notice to the Union Government and other respondents on applications moved by the Delhi Gymkhana Club and the Delhi Gymkhana Staff Welfare Association seeking a stay on the eviction proceedings initiated against them under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
Justice Avneesh Jhingan directed the respondents to file their replies and listed the matter for further hearing on July 28, 2026.
Appearing through video conferencing, Solicitor General Tushar Mehta submitted, "I am served with the application yesterday. I am conscious that the notice they seek a stay of is returnable tomorrow." The Court recorded the appearance and granted time to the Centre to file its response.
Senior Advocate Abhishek Manu Singhvi appeared for the applicants. Additional Solicitor General Chetan Sharma and Central Government Standing Counsel Ashish Dixit also appeared on behalf of the Union Government and the concerned department.
The applications challenge the June 29, 2026, show-cause notice issued by the Estate Officer under Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, seeking eviction of the Club from its premises at 2, Safdarjung Road.
The applicants have sought a stay on the operation of the show-cause notice, contending that it has been issued during the pendency of the civil suit challenging the Government's earlier decision terminating the Club's perpetual lease.
According to the applications, the impugned show-cause notice constitutes the first invocation of the Public Premises Act after the High Court's order dated May 26, 2026, thereby giving rise to a fresh cause of action for seeking interim protection.
The applicants have argued that when the matter was previously heard, no proceedings under the Public Premises Act had been initiated and the High Court had observed that they would be at liberty to avail appropriate legal remedies if such proceedings were commenced.
The applicants have contended that the show-cause notice is premature as it proceeds on the assumption that the perpetual lease has been validly terminated, even though the legality of the termination is already under challenge before the High Court.
According to the applications, the earlier order of May 26 had expressly kept open the issue of whether the Government had validly terminated the perpetual lease and whether the mandatory requirements under the lease deed had been fulfilled.
The petitioners have further argued that the Estate Officer has mechanically proceeded on the Land & Development Office's conclusion that the lease stands lawfully terminated, instead of independently forming the prima facie opinion required under Section 4 of the Public Premises Act.
They have also submitted that the language used in the show-cause notice treats the disputed termination as a concluded fact by referring to the Club as an "unauthorised occupant", thereby prejudging issues that are still pending adjudication before the High Court.
According to the applicants, allowing the eviction proceedings to continue would render the pending civil suit infructuous as the proceedings proceed on the very assumption that the lease has been validly terminated, which is under challenge before the Court.
The Delhi Gymkhana Club and its Staff Welfare Association have approached the High Court challenging the Central Government's decision to initiate eviction proceedings after terminating the Club's perpetual lease.
Earlier, the Estate Officer issued a show-cause notice under Section 4(1) read with Section 4(2)(b)(ii) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, directing the Club to explain why an eviction order should not be passed. The Club has been asked to file its response by July 7, 2026, and appear before the Estate Officer on the same day.
According to the Land & Development Office, the Club's continued occupation of the 27.3-acre property after termination of its perpetual lease amounts to unauthorised occupation under Section 2(g) of the Act.
The Centre has maintained that the President of India exercised powers under Clause 4 of the perpetual lease deed to resume the land for a public purpose and that, following termination of the lease, the Club no longer has any legal right to remain in possession. (ANI)
