New Delhi | The Centre directing the Gymkhana Club in Lutyens' Delhi to hand over its premises by June 5 has left many of its members fuming, with some mulling over taking legal recourse to challenge the order, and others calling it unexpected for an institution they have been associated with for decades.
Siddhart, a member of Delhi Gymkhana located on 2, Safdarjung Road, close to the prime minister's residence on Lok Kalyan Marg, said the club would challenge the order through an appeal, asserting that there was no security threat to the premises.
“The next step will be to file an appeal against this order. The club is very old and has many members. There is no security threat or any such concern,” he said.
“As a member, I feel the observations made in the order should be reconsidered. Such a situation should not have arisen,” he added.
Asked about the deadline to vacate the premises, Siddhart said the club would comply if a court issued an order.
The order issued by the Land and Development Office (L&DO) under the Union Ministry of Housing and Urban Affairs stated that the 27.3-acre land parcel, located in a highly sensitive and strategic area of Delhi, is critically required to strengthen and secure defence infrastructure and for other vital public security purposes.
According to the order, the premises will be taken over by the L&DO on June 5.
“You are directed to hand over peaceful possession of the premises to the representatives of this office on the aforesaid date. In the event of non-compliance, possession shall be taken in accordance with law,” it said.
Major Atul Dev (retd), who has been a member of the club for the past 60 years, said he will challenge the order in court.
“I have received at least 50 calls since morning as the news came as a big surprise to all of us. We are going to challenge the order legally. We are working on it,” he said.
The club currently has around 11,000 members, including government servants, he said.
Another member, Brigadier Harinder Pal Singh Bedi (retd), said the order came as a shock to many members.
“I became a member of Delhi Gymkhana in 2006 after a 12-year waiting period while serving in the Army. I paid around Rs 60,000 as the membership fee, which now runs into lakhs of rupees. This order has surprised us to say the least,” Bedi said.
He also said that the order has left the future of the staff in limbo, as they have less than two weeks to prepare for their next move.
“I will go to the club on May 26… Who knows, I might not get another chance,” Bedi said.
Originally founded on July 3, 1913, as the Imperial Delhi Gymkhana Club, the institution was established to serve colonial administrators and military officers.
The word ‘Imperial’ was dropped after India gained Independence in 1947, while the existing structures were constructed in the 1930s.
In its letter to the club's secretary dated May 22, the L&DO said the premises were leased to the Imperial Delhi Gymkhana Club Ltd for the specific purpose of maintaining a social and sporting club.
The land is essential to fulfil urgent institutional needs, governance infrastructure and public-interest projects, integrated with the resumption of the adjoining government lands, it said.
“In exercise of the powers conferred under Clause 4 of the lease deed, the President of India, through the Land and Development Office, hereby determines the lease and orders re-entry of the aforesaid premises with immediate effect,” the order said.
“Upon such re-entry, the entire plot of land measuring 27.3 acres, along with all buildings, standing erections, structures, lawns, and fittings thereon, shall vest absolutely in the lessor, i.e., the President of India, through the Land and Development Office,” it added.
New Delhi | Uncertainty loomed over nearly 600 employees of the iconic Delhi Gymkhana Club on Saturday after the Centre directed it to hand over its premises by June 5, leaving the staff anxious over their future amid a lack of clarity on job security and transition plans.
The order, issued by the Land and Development Office (L&DO) under the Union Housing and Urban Affairs Ministry, said the 27.3-acre land in Lutyens' Delhi was required for "urgent institutional needs, governance infrastructure and public interest project", including strengthening defence-related infrastructure.
It further stated that "the premises shall be taken over by the Land and Development Office on June 5."
In its communication dated May 22, the L&DO said the premises at 2, Safdarjung Road were originally leased to the Imperial Delhi Gymkhana Club Ltd (now Delhi Gymkhana Club Ltd) for maintaining a social and sporting club, and are now required for broader public purpose projects linked with the adjoining government land.
Inside the sprawling premises located near Lok Kalyan Marg, the atmosphere on Saturday evening was marked by unease, with employees saying they had received no formal briefing from the management on the future course of action.
A staff member said workers came to know of the development only recently and were left unsettled by the abruptness of the order.
"There has been no formal meeting with employees so far. Most of us are still waiting for clarity on what happens to our jobs after June 5," the employee said.
Among those affected are also long-serving workers who have spent decades maintaining the club's facilities.
A gardener working at the tennis lawns, who has been associated with the club for 17 years, said he was carrying out his usual afternoon routine of trimming the grass and tending to the courts when he first heard about the development.
"I was in the lawn, cutting the grass and maintaining the court area as part of my regular duty when someone told me around 4 pm that the club may be shut down by early June," he said.
He added that there had been no prior indication from the administration during the course of the day, leaving workers to process the information informally as it began circulating within staff groups.
"Nothing like this has ever happened in all these years of working here. We just heard it suddenly while doing our work. There was no notice or warning before this," he said.
A club official said internal discussions were underway on legal and administrative options, stressing that an abrupt shutdown of such a large institution was not straightforward.
"This is a very large institution with a long history and a prominent membership base. An immediate shutdown without transition is not practically feasible," the official said.
Other workers said the absence of communication from the administration had added to anxiety, with many unsure whether salaries, employment contracts or redeployment options would be safeguarded.
Two women working at a private cafe operating within the club premises on a lease basis said their situation was comparatively clearer as they are employed by an external company.
"If the cafe shuts here, we will likely be transferred to another outlet," one of them said, adding that the uncertainty was more severe for direct club employees.
"People who are directly employed by the club have no clarity at all. There is a lot of confusion," she said.
A staff member said that the management had not been given prior indication before the order and no alternative arrangement had been communicated so far.
"We came to know about this only recently. There was no prior discussion. Meetings are going on and the next steps, including legal options, are being examined," the official said.
The Delhi Gymkhana Club stands on one of the city's most valuable and strategically important land parcels, within the high-security administrative zone that houses several key central government and defence establishments.
Founded during the British era, the club began functioning at the site in 1913 under the name Imperial Delhi Gymkhana Club. It was renamed the Delhi Gymkhana Club after India gained Independence, while the existing structures were constructed in the 1930s.
Chennai | The Centre's move to take over the Delhi Gymkhana Club for "strengthening and securing defence infrastructure" was a very sad thing to happen, Madras Gymkhana Club president Capt S Seshadri said here on Saturday.
Though the Madras Gymkhana Club had no connection with the Delhi Gymkhana Club except its affiliation, "on a personal note, it's a very sad thing to happen to an institution of such stature - the kind of infrastructure, the swimming pool, building and the beautiful architecture. I feel sad," Seshadri said.
The Centre has asked Gymkhana Club in Lutyens' Delhi to hand over the premises by June 5, citing that the 27.3-acre plot was required for "strengthening and securing defence infrastructure".
"I understand that there has been some issue quite for some time and that the Central government has been eyeing to take over. I am not very sure what the current situation is, but some say probably the lease might have expired," Seshadri told PTI.
As of now, it was not very clear what they intend to do there. Why do they talk about defence infrastructure and how the club premises would be used to strengthen it. "They have to assign some reason. You can't say I will come and take the property and go away. The club will probably have no other recourse but to go to court and get a stay. Only time will tell whether the judge will grant a stay or not," he said.
"I am not going to say it's fair or not fair. It's beyond my capacity to say that. But I feel sad," he said when asked about his reaction to the development in Delhi.
The club has its own committees and central government officers who were part of the administrative process. It was up to them to decide the course of action to be taken, he said in reply to a specific question.
"I don't know about the composition of that club. It is an entity that belongs to the members. So, what will happen to the assets and how they will resolve it, is something only time will tell. Whether they will appoint an officer to discharge the assets, distribute the amount, is something we don't know. It's only speculation right now," he said.
Seshadri further said, "Except that we are affiliated to the Delhi Gymkhana - which means our members can use their facilities and vice versa - we don't have any connection beyond that. We are affiliated with 90-odd cubs across the world."
The order, issued by the Land & Development Office (L&DO) under the Union Housing and Urban Affairs Ministry, stated that the premises, located in a highly sensitive and strategic area of Delhi, is critically required for the strengthening and securing of defence infrastructure and other vital public security purposes.
The sprawling Delhi Gymkhana Club is adjacent to the prime minister's residence on Lok Kalyan Marg.
New Delhi | The Centre's order asking the Gymkhana Club in Lutyens' Delhi to hand over the 27.3-acre premises to it for "strengthening and securing defence infrastructure" has brought into focus the legal powers available to the Union government and the Land and Development Office (L&DO).
In cases like the Gymkhana Club, the Centre's power flows from the terms of the lease deed.
Besides, the Centre has constitutional powers relating to acquisition of property and there are statutory provisions governing public premises.
Legal experts say the government can take over a property or terminate leases, depending on the nature of ownership and the character of the land.
Where the land belongs to the government and has merely been leased to a private body, club or institution, the government can invoke the re-entry or termination clauses contained in the lease deed in cases of breach of conditions, misuse of land, expiry of the lease tenure or overriding public purpose.
In the present case, the L&DO has issued the order saying the premises, located in a highly-sensitive and strategic area of the national capital, are critically required for the strengthening and securing of defence infrastructure and other vital public-security purposes.
The action was initiated through the invocation of Clause 4 of the original lease deed executed in favour of the then Imperial Delhi Gymkhana Club.
In Lutyens' Delhi, areas are owned by the President of India and administered through the L&DO, and many clubs and institutions function on leasehold land rather than freehold plots.
Legal action in such cases usually proceeds through the termination of lease, resumption of land and eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
Under the Public Premises Act, once a lease is terminated, continued occupation may be treated as unauthorised, enabling eviction proceedings through an estate officer appointed by the Centre.
Apart from contractual powers, the Centre can also acquire private property through the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
However, such acquisition applies in cases of private properties and not on leased government land where compensation rights may be limited because the ownership remains vested in the government.
Article 300A of the Constitution protects property rights by providing that no person shall be deprived of property except by the authority of law.
There have been judgments from various courts, including the Supreme Court, that held that the State cannot arbitrarily dispossess citizens and must follow due process, including notice, hearing and compensation, wherever acquisition laws apply.
Experts say there are judgments that have emphasised that the government's power to resume leased land is not absolute and the power of a judicial review is available on various grounds, such as arbitrariness, mala fides, violation of lease conditions, discrimination, lack of public purpose or a breach of the principles of natural justice.
