The Delhi High Court on Tuesday refused to grant interim relief to the Delhi Gymkhana Club against an order issued by the Union government directing it to hand over its 27.3-acre premises by June 5, Live Law reported.

However, Justice Avneesh Jhingan issued summons on the suits filed by the members and employees of the club against the order, Bar and Bench reported.

This came after Solicitor General Tushar Mehta told the judge that the club had been asked to peacefully hand over the premises and that the eviction would take place only after due notice.

The Delhi Gymkhana Club is one of the national capital’s oldest and most exclusive social and sporting clubs, frequented by diplomats, bureaucrats and military officers, among others. It is located next to the prime minister’s official residence and other high-security installations.

On Friday, the Land and Development Office directed the club to vacate and hand over its premises to the Union government, saying that it was required for “strengthening and securing of defence infrastructure”, governance facilities and other “vital public security purposes”.

The land had originally been leased for maintaining a social and sporting club, it said.

The department, which functions under the Union Ministry of Housing and Urban Affairs, invoked clause 4 of the lease deed, which allows the lessor to take back the premises if the land is required for a public purpose.

The Union government stated that when such action is taken, the entire plot, along with all buildings, structures, lawns and fittings, would vest in the President of India.

In the court, two petitions were filed against the Union government’s order. While one was filed by Vijay Khurana, a member of the club, the other was filed by the Staff Welfare Association of the Delhi Gymkhana Club, Bar and Bench reported.

Khurana sought a declaration and a permanent injunction restraining the Union government from “illegally determining the perpetual leasehold rights” of the club. He also sought to restrain the Union government from “forcibly dispossessing” the club and its members from the “historic 27.3-acre premises” in central Delhi.

On Tuesday, the last elected body of the club, represented by advocate Kapil Sibal, told the judge that they have also filed a petition against the Union government order, Bar and Bench reported.

During the hearing, advocate AM Singhvi, representing Khurana, said that the Union government had passed the final order against the club without issuing any show cause notice, Live Law reported.

The advocate stated that no natural justice was followed and that there was no mention of compensation either.

However, the solicitor general said that clause 4 of the deed provided for a system under which the Union government could determine the lease, Bar and Bench reported.

Mehta added that there is no question of forceful eviction and that the Union government has directed a “peaceful hand over of possession”, Live Law reported.

The solicitor general noted that an option has been given to the club to vacate on its own. “It’s not that police will rush in and forcible possession will take over,” he said. “It will be as per law. We will have to give notice, etc.”

In response, Sibal argued that all the clauses in the deed had to be tested on the touchstone of the Constitution.

HC allows eviction proceedings against Delhi Race Club

On Tuesday, the court also allowed the Union government to resume eviction proceedings against the Delhi Race Club in connection with its continued occupation of government land in the central area of the national capital, Bar and Bench reported.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia permitted an appeal filed by the Union government against an interim order that had stopped eviction proceedings against the Delhi Race Club under the Public Premises Eviction of Unauthorised Occupants Act.

A single judge of the court had earlier granted interim protection against the proceedings.

The dispute pertained to about 53 acres of government land on Race Course Road, now called Lok Kalyan Marg, occupied by the Delhi Race Club.

The Union government has claimed that the club’s lease expired on December 31, 1994. This was not renewed, it has said.

On April 24, the single judge had stopped the Estate Officer from proceeding on a show cause notice issued to the club on April 17. This notice had asked the club to explain why eviction proceedings should not be initiated against it.

Edited by Neerad Pandharipande.