Delhi Gymkhana Club Lease Termination Challenged in High Court as 'Pre-Conceived Design'
A civil suit filed in the Delhi High Court has challenged the Union government's eviction notice to the Delhi Gymkhana Club, alleging that the move is part of a 'pre-conceived design' to take over the property. The suit, filed by club member Urmila Gupta, argues that the lease clause cited by the government is 'unworkable' and that the termination process is illegal.
The Land & Development Office (L&DO) issued an eviction notice on June 29 under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, asking the club to appear for a hearing on July 7. This followed a May 22 letter terminating the perpetual lease of the 27.03-acre plot on Safdarjung Road, signed on February 28, 1928. The L&DO stated that the land is needed for 'strengthening and securing defence infrastructure and other vital public security purposes.'
The suit, moved by advocate Gaurav M Liberhan, points to a contradiction in the May 22 letter. Under Clause 4 of the lease, the government can 're-enter' (take possession) and then 'determine' (end the lease). However, the letter states the government is determining and then re-entering, violating the clause. The suit also notes that no show-cause notice was issued to the club before termination.
'The impugned order/letter is ex-facie illegal, and contrary to legal principles based upon a pre-conceived design to appropriate the property of the Gymkhana Club,' the civil suit states. It further argues that Clause 4 itself is 'contrary to law' and 'unworkable,' granting excessive power inconsistent with the original grant of the property. The suit seeks to have Clause 4 declared void and unenforceable as unconscionable.
The club has been managed by government-appointed directors since 2022, following an order by the National Company Law Tribunal (NCLT) after the Ministry of Corporate Affairs alleged irregularities in management. The L&DO has justified the eviction, stating that the premises 'constitute valuable public premises vested in the Union of India' and must be used for public interest. The civil suit is listed for hearing on Monday.
