The Centre has told the Delhi High Court that its notice directing the iconic Delhi Gymkhana Club (DGC) to vacate the premises at 2, Safdarjung Road, was a valid exercise of its contractual right of re-entry under the perpetual lease deed and did not amount to compulsory acquisition.
“The impugned notice is a valid exercise of the contractual right of re entry reserved under clause 4 and is not a compulsory acquisition… The statement added, “Long use, expenditure, sporting facilities and heritage recognition do not confer immunity from Clause 4, nor does the Grade-II Heritage Building/Precinct notification of 01.10.2009 (a planning/buildingregulation under the Delhi Building Bye-laws) override or freeze the contractual right of re-entry of the Lessor. the same was adjourned for September 29 Although the suit was listed before a bench of justice Subramonium Prasad on Wednesday. The Centre had, on May 22, issued the notice directing the club to hand over the premises by June 5.
Because the premises have historically accommodated a private club,” the written statement read, these purposes are not rendered legally incompatible merely. In a written statement filed through standing counsel Ashish Dixit on Tuesday, the Centre submitted that the premises, located in a sensitive and strategic area, are required for defence infrastructure, public security, institutional and governance infrastructure.
