In the Delhi Gymkhana club eviction challenge case, Justice Avneesh Jhingan refused to pass any interim orders against the government's order of May 22. This came, after the government said that any eviction action would be taken only after due notice.
Earlier,the High Court on Tuesday issued summons on the suits filed by members and employees of the Delhi Gymkhana Club challenging the Central government’s order directing the Club to vacate the 27.3-acre premises in Lutyens Delhi by June 5.
However"The issue is premature and presumptive. As on date, there is nothing on record to substantiate that action under Public Premises (Eviction of Unauthorised Occupants) Act has been taken and in case the need so arises, the plaintiffs can avail remedies in accordance with law.
In view of the statements made by the SG, no further interim directions are called for. The statement is to the effect that the eviction, if so, will be done following a prior notice. At the cost of repetition, the apprehension that the club governing body may hand over the possession of the club is contrary to the stand taken by the club."
The High Court was hearing two suits, one filed by Vijay Khurana, a longstanding member of the club, and the other by the Staff Welfare Association of the Delhi Gymkhana.The suits challenged the Central government’s order directing the club to vacate the 27.3-acre premises in Lutyens Delhi by June 5.
At the outset of today's hearing, Senior Advocate Kapil Sibal appeared for the last elected body of the Delhi Gymkhana Club and said that they have also filed a petition."Please list it along with the two matters listed today. I don’t want to wait. Please, I will argue along with them. I am not saying they should wait... I will bring my petition and argue," he said.
When the Court asked for the Central government's stand on the issue, Solicitor General (SG) Tushar Mehta argued,"Clause 4 provides for a system under which we can determine the lease. It provides for various steps to be taken. There are consequences. One of it is compensation to be paid, the compensation can be money, or government can give alternate piece of land. We will act in accordance with procedure established by law. We can't just go and vacate it."
The Bench responded,"You can't say government, they are nominees."Singhvi told the Court that the order for takeover of Delhi Race Club and Polo Cub have been stayed by the High Court.However, Additional Solicitor General Chetan Sharma pointed out that the stay granted by the single judge on the Delhi Race Club action has been set aside by a division bench today.
Follow us
