No estate office hearing likely today, HC seeks Centre’s stand on Delhi Gymkhana Club

New Delhi: Central govt’s estate office, which has begun eviction proceedings against Delhi Gymkhana Club, is likely to adjourn the hearing Tuesday, when the club has been asked to submit its stand.With Delhi High Court Monday issuing notice to Centre and listing it for next hearing on July 28, no effective hearing is expected before the estate office in between.Justice Avneesh Jhingan, while seeking Centre’s stand on separate pleas by a Delhi Gymkhana Club member and its staff against a show-cause notice for eviction from the 27.3-acre facility, asked Solicitor General Tushar Mehta to ensure that the July 7 hearing is adjourned to a day after the next date of hearing before the high court.The applications have sought a stay on the operation of the show-cause notice. Mehta said Centre would file its response to the applications. Noting that a hearing before the estate officer was scheduled for July 7, the senior law officer added, “They can seek an adjournment there.”Senior advocate Abhishek Singhvi, appearing for the plaintiff, urged the court to give a short date in the matter. “Mr Mehta, we are keeping this for the date already fixed (in the main case).

Just see it (estate officer’s hearing) is adjourned beyond that date,” Justice Jhingan said.The plea by Vijay Khurana and Delhi Gymkhana Club Ltd Staff Welfare Association form part of their pending lawsuit following Land and Development Office’s (L&DO) May 22 order terminating the perpetual lease deed and asking the colonial-era club to return its land by June 5 on grounds of “strengthening and securing defence infrastructure”.On June 29, L&DO, under the Union housing and urban affairs ministry, issued the show-cause notice, asking the club to explain why an eviction order should not be passed against it under Public Premises (Eviction of Unauthorised Occupants) Act, 1971.The notice, which directed the club and all persons concerned occupying the premises to submit their response by July 7, came more than a month after Centre assured HC in May that it would not take forceful possession of the premises by June 5. Khurana has said in his lawsuit that the vague and generalised reasons of defence infrastructure and security given by Centre were just a “sham” and the notice was an “attempt to effect forced eviction” instead of following the due process of law. Khurana’s lawsuit is stated to be supported by more than 500 members of the club.It argued that the show-cause notice was “premature” as it wrongly presumed that the club's perpetual lease was validly terminated.

It said the high court had observed that the question of valid termination would be determined at an appropriate stage.The application also sought a direction for maintaining status quo on possession, occupation, use and functioning of the club. Alternatively, it sought a direction that the estate officer may not pass any final order under Public Premises Act or take any coercive or dispossessory step. It also sought permission to file replies and participate in the proceedings before the estate officer.