Resume Delhi Race Club eviction proceedings: Delhi HC

AAir division bench of the new delhi heights margaret court on tues ordered the resumption of eviction proceedings initiated by the estate officer against the 53.4-acre Delhi Race Club.A bench of chief justice DK Upadhyaya and justice Tejas Karia observed that the single judge’s April 24 order, which restrained the estate officer from proceeding pursuant to the April 17, 2026, showcause notice issued under the Public Premises (Eviction of Unauthorised Occupants) Act (PP Act), was passed without assigning reasons, even for the namesake.The showcause notice required the club to explain why an eviction order should not be passed regarding the public premises it occupied.In the 34-page verdict, the judges noted that while the single judge discussed the respective cases of the parties, the order merely stated that the matter required consideration, given the chequered history of the litigation and the peculiar facts and circumstances of the case, before granting interim protection without further reasoning.The bench held that such a course was impermissible because the interim order adversely affected the Centre’s valuable statutory right under the PP Act, without recording reasons or rendering findings on the essential considerations: a prima facie case, irreparable injury and balance of convenience.“As regards issue “b” set out hereinabove, what we notice is that learned single judge while passing the impugned order, after discussing the respective cases of the parties, has only observed that looking at the chequered history of the previous litigation and in the peculiar facts and circumstances of the case, the matter requires consideration and, thereafter without giving any reason, even for the namesake, has directed that the estate officer shall not proceed further with the showcause notice dated 17.04.2026,” the court said in its order.It added, “Such a course, in our opinion, was not available to the learned single judge for passing the interim order, which has impacted the valuable right of the appellants to invoke the statutory right under Section 4 of the PP Act, without giving reasons and without giving a finding on the issue relating to prima facie case, irreparable loss and balance of convenience.”The court passed the order while hearing the Centre’s petition, filed through standing counsel Ashish Dixit, against the single judge’s April 24 order.The petition argued by additional solicitor general Chetan Sharma contended that the April 24 order failed to appreciate that the writ petition was directed solely against a showcause notice, despite the statute providing a complete and efficacious mechanism, including adjudication before the estate officer and an appellate remedy under Section 9 of the Act. It added that the single judge overlooked the fact that the lease had expired and the respondent’s continued occupation of the land was unauthorised.The race club’s lawyer, senior advocate Suhail Dutt, opposed the petition, saying that the April 24 order being “interim in nature” could not be challenged before the division bench.The dispute stemmed after the Centre initially issued a vacation notice on March 12 against which the club filed the suit which was disposed of on April 9, after the Centre said that any action for dispossession will be taken as per law. Following this, the Centre issued a show cause notice to the club on April 17, under the PP Act, in respect of a lease granted by the Centre in the club’s favour in March 1926. The club then approached the high court challenging the April 17 notice, following which the April 24 order was passed.The club is located on Race Course Road, Lok Kalyan Marg area, in New Delhi, near the Prime Minister’s residence and the Delhi Golf Club area.