Gymkhana Club Staff Association’s Plea: Delhi HC Justice Prateek Jalan Recuses Himself
Justice Prateek Jalan of Delhi High Court recused himself while hearing a plea against the Central government's attempt to evict the club from its premises in Lutyens' Delhi.
As he is a member of the Delhi Gymkhana Club he recused himself from hearing the case.
The petition questions the proceedings started by the Central government to evict the Gymkhana Club from its premises spanning across 27.3 acres in Lutyens' Delhi's Safdarjung Road.
It operates on this land on a lease which was granted on perpetual basis back in 1928. As per clause 4 of the lease deed, the lessor i.e. the Central government can re-enter the land in case it's required for any public need.
Centre moved the NCLT in 2022 to seize control of the club's functioning by appointing a board of directors consisting of 15 members who will be appointed by them. The prayer was based on the violation of clause mentioned in the lease deed and the mismanagement of club's affairs. This was permitted by NCLT and the same was affirmed by NCLAT.
On 22nd May this year Centre passed an order to revoke the perpetual lease granted to the club. Claiming that it requires the land which falls within the secure area of Lutyens' Delhi near the PM's residency and other defence establishments. To "strengthen and secure the defence infrastructures" and other important public needs.
Which was challenged by the members and staffs of the Delhi Gymkhana Club. On 26th May the Delhi High Court declined to issue an interim order after being satisfied with the assurance of SG Tushar Mehta that due notice would be provided before any step is taken to evict the club.
The case was notified to the government by Justice Avneesh Jhingan in July.
