Delhi High Court Upholds Eviction Order
In a significant legal development, the Delhi High Court has rejected the Jockey Association of India’s plea challenging a government order mandating the eviction of the Delhi Race Club from its Lutyens’ Delhi premises. This ruling was made in the case The Jockey Association of India & Ors v Union of India & Ors.
Background of the Case
The Delhi Race Club, a historic institution known for horse-racing, is situated on Central Golf Link Road, opposite the Prime Minister’s residence. On August 11, an Estate Officer issued an eviction notice under Section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, ordering the club to vacate the premises within 15 days.
Court’s Decision
Justice Harish Vaidyanathan Shankar presided over the case, concluding that the Jockey Association does not qualify as a lessee, as the club has already filed a statutory appeal with the appellate court. Consequently, the court deemed the writ petition filed by the association as non-maintainable.
Arguments Presented
Senior Advocate Vikas Singh, representing the Jockey Association, argued that the eviction severely impacts the welfare of the horses that have been housed at the club for two decades. Singh contended that the eviction would disrupt the livelihood of jockeys and deprive them of essential facilities for stabling, training, and exercising Thoroughbred horses.
On the other hand, Central Government Standing Counsel (CGSC) Ashish Dixit, representing the government, asserted that the Jockey Association lacks the legal standing, or locus, to file the writ petition. Dixit emphasized that the eviction order could be contested through an appeal before the appellate authority.
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Implications of the Eviction
The Jockey Association, which represents jockeys across India, argued that the eviction would dismantle the only specialized horse racing infrastructure available in North India. They claimed that the eviction order was arbitrary, conflicting with the public purpose served by the club’s activities.
Lease Dispute
The legal conflict traces back to a lease agreement dating from 1926, with renewal issues surfacing since 1999. In 2012, the Delhi High Court annulled an earlier show-cause notice, after which the authorities proposed regularizing breaches. The club paid ₹3.48 crore in August 2013, expecting a 30-year lease renewal.
However, the petitioners argued that despite complying with the Delhi Race Course Licensing Rules and previous court judgments regulating horse racing, the government could not deem the club’s occupancy unauthorised.
