SC Questions Delhi Race Club Over Delay in Challenging Eviction Order
The Supreme Court on Monday asked the Delhi Race Club why it took nearly three months to challenge a Delhi High Court decision that cleared the way for eviction proceedings from an 84-acre premises on Lok Kalyan Marg in the capital.
Hearing a special leave petition filed by the club, a Bench led by Justice S.C. Sharma and comprising Justice N.K. Singh noted that the High Court’s Division Bench had passed the order on May 27, but the club moved the Supreme Court only on August 13.
“After the Division Bench order of the High Court on May 27, which you say you knew was not correct, why did you not rush to this court?” Justice N.K. Singh asked senior advocate Shyam Divan, who appeared for the club.
Mr. Divan described the High Court order as “completely unwarranted” and said the club was in discussions with the Land and Development Office (L&DO) to resolve the issue amicably. He said the talks covered an alternative allocation of land and an orderly relocation of the club within a reasonable period. A 10-year exemption from payment of dues and taxes was also under discussion, he added.
The senior counsel said the proceedings before the Estate Officer had been adjourned during the negotiations, which spanned several meetings. However, the Estate Officer passed an eviction order on August 11 without giving the club a reasonable opportunity to be heard. The order gave the club 15 days to vacate the premises.
After hearing the submissions, the Supreme Court scheduled the matter for a detailed hearing on August 25 and directed the club to serve copies of the petition to the authorities concerned.
The dispute relates to the club’s continued occupation of an 84-acre plot on Lok Kalyan Marg. The lease for the land, granted in 1926, expired on December 31, 1994, and was not renewed. The Centre has argued that the club has been occupying the property without authorisation since then.
In March, the Centre issued a notice seeking peaceful possession of the land, stating it was required for a "public purpose". On April 17, proceedings were initiated under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and a show-cause notice was issued to the club.
The club subsequently approached a Single-Judge Bench of the Delhi High Court, which directed the authorities not to proceed with the matter until July 30. The Centre appealed this order before a Division Bench of Chief Justice D.K. Upadhyaya and Justice Tejas Karia, which allowed the appeal on May 27, paving the way for the eviction proceedings to continue before the Estate Officer.
The Public Premises Act provides a summary procedure for the eviction of unauthorised occupants from government-owned premises. It empowers an Estate Officer to pass eviction orders after following a prescribed inquiry process. In this case, the Estate Officer is under the Land and Development Office, which functions under the Ministry of Urban Affairs.
A special leave petition is a plea seeking the Supreme Court’s permission to appeal against a lower court’s judgment. The apex court grants such petitions only in exceptional circumstances. In this matter, the court has chosen to examine the case in detail.
The Supreme Court’s scrutiny of the delay adds another layer to a case that has drawn attention to the legal procedures surrounding land use and eviction in the national capital. The matter is sub judice, and the court’s detailed hearing is scheduled for August 25.
