Delhi High Court Justice Prateek Jalan on Wednesday recused himself from hearing a plea filed by the Delhi Gymkhana Club Staff Welfare Association challenging the Central government’s move to evict the club from its 27.3-acre premises in Lutyens’ Delhi.
Citing his membership in the club, Justice Jalan recused himself from the matter, stating he would feel more comfortable if another judge heard the case.
The matter concerns the Centre’s proceedings to take over the Delhi Gymkhana Club premises on Safdarjung Road. The land was granted to the club on a perpetual lease in 1928. Clause 4 of the lease deed permits the lessor, the Central government, to re-enter the premises if required for a public purpose.
In 2022, the Centre initiated proceedings before the National Company Law Tribunal (NCLT), alleging violations of the lease conditions and mismanagement of the club. The NCLT allowed the Centre’s plea and ordered the appointment of 15 members nominated by the government to manage the club’s day-to-day affairs. The National Company Law Appellate Tribunal (NCLAT) subsequently upheld the order.
On May 22, the Centre terminated the club’s perpetual lease, stating that the land was required for “strengthening and securing of defence infrastructure,” governance facilities and other “vital public security purposes”, citing its proximity to the Prime Minister’s residence and other high-security installations.
Members and employees of the club challenged the decision before the Delhi High Court.
On May 26, the High Court declined to grant interim protection against the Centre’s order after Solicitor General Tushar Mehta assured the Court that any eviction would be carried out only after due notice.
Justice Avneesh Jhingan subsequently issued notice to the Centre in the challenge in July.
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