The Supreme Court has allowed 11 members of the Delhi Gymkhana Club to approach the Delhi High Court against the Centre’s decision to take over the club’s 27.3-acre premises on Safdarjung Road and the subsequent eviction proceedings.
The direction was issued by a Bench led by Chief Justice Surya Kant after senior advocate Vikas Singh, appearing for the club members, submitted that the Delhi High Court had earlier declined to entertain their plea on the ground that only the club itself could challenge the Centre’s decision.
Singh told the Supreme Court that the High Court had asked the members to seek clarification from the top court on whether they could independently approach it. The Supreme Court subsequently permitted the members to move the High Court, subject to objections that may be raised by the opposing side regarding the maintainability of the plea and other legal issues.
The Supreme Court had, on September 15, granted liberty to the 11 members, including Vipin Aggarwal and 10 others, to approach the Delhi High Court. They have challenged the Centre’s decision to take over the club premises as well as the eviction proceedings that followed.
During the earlier hearing, Singh argued that a committee nominated by the Central Government was currently managing the club and, therefore, could not be expected to legally challenge the government’s own decision.
He submitted that both the lessor and lessee were effectively under government control. Singh also alleged that the government-nominated management had continued beyond the timeline mandated by the National Company Law Appellate Tribunal (NCLAT) for holding elections and restoring elected management.
According to Singh, the developments represented a mala fide attempt to take over the club.
The Supreme Court had disposed of the plea filed by Aggarwal and the other members while giving them the option of filing a fresh petition before the Delhi High Court or becoming parties to the ongoing eviction proceedings. The High Court was directed to examine any fresh plea on its merits.
The dispute also involves eviction proceedings initiated against the Delhi Gymkhana Club. On September 3, the Centre had informed the Delhi High Court that it would not take coercive action against the club in connection with its eviction from the property until September 16.
The High Court was hearing petitions filed by club member Vijay Khurana and others seeking a stay on the June 29 show-cause notice issued to the club’s management by an estate officer of the Land and Development Office (L&DO).
Aggarwal and the other aggrieved members have challenged the Centre’s actions, alleging that they amounted to a “colourable exercise” of power and violated their fundamental rights under Articles 14 and 19 of the Constitution. They also claimed that the proceedings deprived them of property in violation of Article 300A.
The members have sought quashing of the resumption notification issued by the L&DO on May 22 and the June 29 show-cause notice issued by the estate officer.
They have further alleged that the Centre’s actions were not merely those of a landlord but part of a sustained effort to take control of the Delhi Gymkhana Club. According to their submission, the alleged effort had continued for more than 25 years and was now being pursued while the club was under government-nominated management.
The members also pointed out that the validity of the government-nominated management itself was pending before the court in a civil appeal.
The Delhi High Court will now have the opportunity to consider the members’ fresh plea on its merits, while the opposing parties will retain the right to raise objections concerning maintainability and other legal issues.