Supreme Court clarifies Delhi Gymkhana Club members can initiate independent proceedings against Centre’s takeover

The Supreme Court on Monday clarified that members of the Delhi Gymkhana Club can initiate independent legal proceedings challenging the Centre’s decision to take over the club’s 27.3-acre premises and the subsequent eviction proceedings.

Senior Advocate Vikas Singh mentioned the matter before a bench headed by Chief Justice of India Surya Kant, submitting that writ petitions filed by club members were pending before the Delhi High Court but an objection had been raised that individual members could not institute proceedings and that only the club itself could do so.

Senior Advocate Vikas Singh submitted that while their writ petitions were pending before the High Court, they had been directed to seek clarification from the Supreme Court. Addressing the oral mentioning, Chief Justice of India Surya Kant clarified that the September 15, 2026 order does not bar the petitioners from initiating independent legal proceedings.

The clarification paves the way for the club members to pursue their challenges before the Delhi High Court independently.

The Delhi Gymkhana Club had approached the Delhi High Court challenging the Centre’s direction to hand over its 27.3-acre premises on Safdarjung Road in Lutyens’ Delhi by June 5, 2026.

The Land & Development Office (L&DO), under the Ministry of Housing and Urban Affairs, invoked Clause 4 of the perpetual lease deed executed in favour of the erstwhile Imperial Delhi Gymkhana Club Ltd. The clause permits re-entry and termination of the lease where the premises are required for a public purpose.

The Centre has maintained that the property is located in a “highly sensitive and strategic area” and is required for strengthening defence infrastructure and other public security-related purposes. It has asserted that the entire 27.3-acre parcel, including buildings, lawns, structures and fittings, would vest in the President of India through the L&DO upon re-entry.

The Club, however, has opposed the move, contending that its eviction would abruptly disrupt its functioning and displace around 14,000 members and more than 500 employees.

It has also pointed out that the Club is currently being managed by a General Committee appointed by the Ministry of Corporate Affairs pursuant to proceedings before the National Company Law Tribunal (NCLT). The Club has sought protection against immediate disruption and suggested that alternative land be considered if relocation is ultimately found necessary.

The dispute also involves proceedings under the Public Premises law. Last month, the Delhi High Court indicated that the Estate Officer should first consider whether he ought to proceed with the eviction notice while the Court examines the question of his jurisdiction.

Earlier, on May 26, the High Court had declined to grant interim relief against the Centre’s direction to vacate the premises, after the Union assured the Court that possession would not be taken except in accordance with law.

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