Delhi High Court Greenlights Centre's Eviction of Delhi Race Club

The Delhi High Court on Tuesday set aside an order staying a show-cause notice issued to the Delhi Race Club in relation to its proposed eviction from the 84-acre premises in Lutyens' Delhi, paving the way for the Centre to proceed with the action.

A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia refused to uphold a single judge order passed on a petition of the Delhi Race Club, stating that the authorities have the right to evict unauthorised occupants.

''The instant appeal is allowed and the order dated April 24, 2026, of the single judge so far as it directs the estate officer not to proceed further with the show-cause notice is hereby set aside,'' the bench said.

The Centre issued a notice to the Delhi Race Club on March 13, claiming that it was in continued unauthorised occupation of the premises and sought its peaceful possession on the grounds that the land was needed for public purpose.

Subsequently, on April 17, the authorities initiated proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act and issued the show-cause notice to the club, calling upon it to explain why an order of eviction and recovery of damages for unauthorised occupation should not be passed against it.

The club, however, assailed the show-cause notice before the single-judge bench, which, in an interim order, directed the estate officer not to proceed with it till July 30.

In the judgement, the division bench held that the single judge's order was not sustainable as it lacked any discussion or findings on the aspects of ''irreparable loss'', ''strong prima facie case'', and ''balance of convenience'' in favour of the club.

''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 Public Premises (Eviction Of Unauthorised Occupants) 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 said.

The court also rejected the club's contention that the April 17 notice was premeditated and amounted to an abuse of the process of law, saying that invoking Section 4 of the Public Premises Act for the eviction of an unauthorised occupant was the statutory right of the authorities after the term of the lease came to an end in 1994.

''Section 4 vests a right to seek eviction of an unauthorised occupant, which has statutorily been provided in respect of public premises and if any authority resorts to such statutory recourse, it cannot be said that such recourse would amount to misuse or abuse of the process of law or it is premeditated,'' it held.

''We may note that on account of the term of the lease having come to an end way back in the year 1994, the term of the lease stood determined and, therefore, it is a statutory right of the appellant no.1 (Centre) to invoke the provision of Section 4 of the PP Act,'' added the court.

The Centre has claimed that the 1926 lease deed with the club for the 84.48-acre plot at Lok Kalyan Marg was not perpetual in nature and it expired on December 31, 1994.

Since no further extension was granted, the club's continued occupation of the land was unauthorised and liable to be examined under the Public Premises (Eviction of Unauthorised Occupants) Act, the Centre argued.

(With inputs from agencies.)