11 members of Delhi Gymkhana Club have got relief from the Supreme Court in the ongoing dispute regarding the club's land. The Supreme Court on Monday asked the Delhi High Court to consider the petition of these members. The petitioners have challenged the taking over of 27.3 acres of the club's land by the Central Government and the subsequent eviction action. In the petition filed by the club members, questions have been raised on the Central Government's decision to take over the land as well as the eviction action initiated thereafter. Members say that this action has affected their rights related to the club. After the instructions of the Supreme Court, now the Delhi High Court will hear this petition.
The High Court had refused to hear the petition of the members
Senior advocate Vikas Singh presented the case on behalf of the club members before the bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana. He told that the Delhi High Court had refused to hear the petition of the members. According to Singh, the High Court had said that only the club has the right to challenge the decision of the Central Government to take over the club's land. The High Court had told the members that they can seek clarification from the Supreme Court regarding whether they can also personally file a petition in this matter.
Members allowed to go to High Court
The Supreme Court allowed 11 members of Delhi Gymkhana Club to approach the Delhi High Court with their petition. However, the top court clarified that the Central government or any other party related to the case will be free to raise other legal objections, including the admissibility of the petition. This means that the Supreme Court has currently opened the way for the members to present their views in the High Court, but has not given any final decision on the merits of the petition.
Senior advocate Vikas Singh, appearing for the members, had earlier told the bench that at present the club is being run by a committee constituted by the Central Government. In such a situation, the club itself is not in a position to initiate legal action challenging the decision of the Central Government. At the same time, during the hearing of a separate case on September 3, the Central Government had told the Delhi High Court that no coercive action will be taken against the club till September 16 regarding the removal of the club from the premises on Safdarjung Road.
Petitions are already pending in the High Court
The Delhi High Court was also hearing petitions filed by club member Vijay Khurana and others. In these petitions, a demand was made to stay the show cause notice issued to the club management on June 29 by the Estate Officer of Land and Development Office (L&DO). At the same time, Vipin Aggarwal and 10 other members of the club had filed a petition in the High Court through advocate Nitin Saluja. In this, a demand was made to cancel the 'Resumption Notification' issued by L&DO on May 22 i.e. the notice to take back the land and the show cause notice issued by the Estate Officer on June 29.
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