Delhi High Court Lifts Interim Stay on Eviction
On Tuesday, the Delhi High Court ruled in favor of the Central government, enabling the resumption of eviction proceedings against the Delhi Race Club concerning its occupancy of government land in central Delhi. The case, Union of India & Anr v. Delhi Race Club Ltd., saw a Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia overturn an earlier interim order that had temporarily halted eviction actions under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
Background of the Dispute
The contentious issue pertains to approximately 53 acres of government land situated on Race Course Road, now known as Lok Kalyan Marg, which the Delhi Race Club occupies. The Central government contends that the Club’s lease terminated on December 31, 1994, and has not been renewed since. The government challenged a single-judge order dated April 24, which had prevented the Estate Officer from advancing on a show-cause notice issued to the Club on April 17. This notice required the Club to justify why eviction measures should not be initiated against it.
Central Government’s Argument
The Central government argued that the Delhi Race Club prematurely approached the High Court while the matter was still at the notice stage, and no definitive eviction order had been issued. They underscored that the Public Premises Act provides a clear process whereby the Estate Officer initially hears the case, and any party aggrieved by the decision can appeal under Section 9 of the Act.
The government’s appeal emphasized that questions regarding the existence of the lease, the legitimacy of the occupation, and implications of previous payments should be evaluated first by the Estate Officer. “The Respondent (Delhi Race Club) cannot, merely by asserting a subsisting lease, oust the jurisdiction of the Estate Officer or seek quashing of the show cause notice at the threshold,” asserted the appeal.
Details of the Lease
According to the government, the original lease for the land was granted in 1926 with an initial term of 25 years, allowing for extensions contingent upon fulfilling certain conditions and obtaining necessary approvals. The last extension purportedly expired in 1994, with no subsequent renewals approved.
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Delhi Race Club’s Position
The Delhi Race Club contended before the single-judge that it retained lease rights, arguing that proceedings under the Public Premises Act were inapplicable. Initially, the single-judge provided interim relief to the Club, prompting the Central government to appeal to the Division Bench. The Division Bench subsequently lifted the stay imposed by the single-judge, authorizing the continuation of eviction actions.
Central Government Standing Counsel Ashish K Dixit represented the Union of India in this matter.
