Delhi Gymkhana Club: Centre assures no coercive action during eviction
What's the story
The Indian government has assured the Delhi High Court that it will not forcibly take over the Delhi Gymkhana Club premises. The assurance was given after club members challenged an order asking them to vacate their 27.3-acre property by June 5 for defense and security purposes. Solicitor General Tushar Mehta, representing the Centre, clarified that June 5 was merely a date given for voluntary vacation of the premises.
Eviction process
We will not take possession except in accordance with law
Mehta assured the court that if the club does not vacate by June 5, due legal process will be followed for eviction. He said, "We will not take possession except in accordance with law." Senior advocate Abhishek Manu Singhvi, representing club members, requested the court to either maintain the status quo or record the government's assurance against coercive action. Singhvi argued that the takeover order was "non-specific" and contradictory.
Defense infrastructure
Land Development Office issued notice to club
On May 22, the Land and Development Office ordered the club to vacate by June 5 under Clause 4 of the original lease agreement. The government justified its action, citing the need for strengthening defense infrastructure, governance-related facilities, and other critical public security requirements near high-security establishments. The notice stated that all structures on the property would vest with the President through the Land and Development Office upon re-entry.
Legal challenge
Club members challenged government's takeover order
In its petition, the club argued that the government cited vague reasons like defense infrastructure and public security purposes without providing details. It called the move a "sham," alleging no compensation was offered for land or structures. It also contended the action violated Article 300A of the Constitution, asserting that ownership rights were acknowledged in a 2009 communication. It alleged the takeover was part of a larger attempt to control the institution's management through executive action instead of due process.
Historical context
Court assured that membership will remain intact
The Delhi Gymkhana Club was established in 1913 as the Imperial Delhi Gymkhana Club during British rule. After Independence in 1947, it was renamed. Most of its structures date back to the 1930s. The club members have been assured by the court that even if land is taken over, their membership remains intact as they are not lessees.