'No Forcible Eviction': Centre Assures Delhi HC That Gymkhana Club Proceedings Will Be As Per Law
'No Forcible Eviction': Centre Assures Delhi HC That Gymkhana Club Proceedings Will Be As Per Law Published By, Last Updated: May 26, 2026, 12:29 IST
'No Forcible Eviction': Centre Assures Delhi HC That Gymkhana Club Proceedings Will Be As Per Law Published By, Last Updated: May 26, 2026, 12:29 IST The Delhi High Court recorded the Centre’s assurance that any eviction of the Delhi Gymkhana Club would be carried out only in accordance with law and after prior notice. Rapid Read New Delhi: A car is seen entering the Delhi Gymkhana Club (Photo: PTI) The Delhi High Court on Tuesday recorded the Centre’s assurance that any eviction proceedings against the historic Delhi Gymkhana Club would be carried out strictly in accordance with law and only after due notice, and that there would be “no forcible eviction". The court also observed that there was “nothing on record" to suggest that any proceedings under the Public Premises Act had yet been initiated. Justice Avneesh Jhingan issued summons to the Centre and sought written responses within eight weeks in the suits filed by club members and the Delhi Gymkhana Club Staff Welfare Association, challenging the Union government’s order directing the club to hand over its premises by June 5. The court, however, declined to grant any interim stay or status quo order after Solicitor General Tushar Mehta assured the bench that there would be no forcible dispossession. “We will not take possession except as per the procedure established by law," Mehta told the court during the hearing. During the hearing, the Centre clarified that its May 22 communication was intended for “termination of the perpetual lease deed and for re-entry" and not for forcible eviction of the club.
“There cannot be any eviction by use of force. It has to be by the procedure established in law," the Solicitor General submitted. The High Court recorded the Centre’s statement that any eviction, if required, would only take place after proceedings in accordance with law and issuance of notice. The court also referred to paragraph 7 of the Centre’s communication, which stated, “You are directed to hand over peaceful possession of the premises to the representative of this office on the aforesaid date. In the event of non-compliance, possession shall be taken in accordance with law." In its order, the court observed, “As of date, there is nothing on record to substantiate that action under the PP Act has been taken and in case need so arises, plaintiffs can avail remedies as per law." The bench further said that in view of the Centre’s statement, “no further interim directions are called for". MEMBERS, STAFF MOVE COURT The litigation arose after the Centre directed the Delhi Gymkhana Club to vacate its 27.3-acre premises in Lutyens’ Delhi by June 5, saying the land was required for “strengthening and securing defence infrastructure" and other public security purposes. One of the pleas was filed by 79-year-old club member Vijay Khurana, who challenged the Centre’s order as arbitrary and alleged that the move amounted to an attempt at “forced eviction" without following due process. Another petition was moved by the Delhi Gymkhana Club Staff Welfare Association, representing cooks, waiters, groundsmen, electricians, plumbers, security personnel and other employees, who argued that the takeover threatened their livelihoods and fundamental rights.
Senior advocate Abhishek Manu Singhvi, appearing for the club members, argued that the Centre’s communication was effectively a final order issued without any show-cause notice. “It is a final order, no show cause notice," Singhvi submitted. He also argued that the “public purpose" cited in the order was vague and undefined. “If adjectives could make public purpose, you would have to take out a thesaurus," Singhvi remarked in court. SIBAL QUESTIONS THE VALIDITY OF THE LEASE CLAUSE Senior advocate Kapil Sibal, appearing for the club’s last elected body, argued that Clause 4 of the lease deed, which permits re-entry by the government for public purposes, was incorporated before the Constitution came into force and had to be tested on constitutional principles. “Any such clause which allows the government to take over is an anathema to the Constitution," Sibal argued, adding that even an unauthorised occupant could not be evicted without notice. The court, however, noted that there was no specific prayer in the suits challenging the constitutional validity of Clause 4. The High Court said questions relating to the validity of the clause and whether the Centre’s action conformed to the lease terms would be examined during the final adjudication of the suits. CENTRE REJECTS ALLEGATIONS OF COLLUSION The petitioners had also expressed apprehension that the club’s present governing committee, which includes government-nominated members appointed after NCLT proceedings, could act “hand in glove" with the Centre in facilitating the takeover. Rejecting the allegation, the Centre told the court that the governing committee itself had already approached authorities raising grievances against the order.
The court accepted this submission, observing that the apprehension that the governing body might voluntarily hand over possession was contrary to the stand taken by the club itself. The Delhi Gymkhana Club, originally founded in 1913 as the Imperial Delhi Gymkhana Club, occupies one of the capital’s most strategically located land parcels near key government and defence establishments. The word “Imperial" was dropped after Independence in 1947. In 2022, the Company Law Tribunal allowed the appointment of 15 government-nominated directors on the club’s general committee following allegations of oppression and mismanagement. That order was later upheld by the NCLAT. The Centre’s latest order, issued by the Land & Development Office under the Union Housing and Urban Affairs Ministry, stated that the land was required for defence and public security infrastructure. The High Court has now listed the matter before the Joint Registrar on July 28 for completion of pleadings. News18 Newsletter Handpicked stories, in your inbox A newsletter with the best of our journalism submit First Published: May 26, 2026, 12:19 IST News india 'No Forcible Eviction': Centre Assures Delhi HC That Gymkhana Club Proceedings Will Be As Per Law Disclaimer: Comments reflect users’ views, not News18’s. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy Loading comments...
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