New Delhi, Aug 21 The Delhi High Court on Friday rejected a petition by the Jockey Association of India challenging the notice to evict the Delhi Race Club from its 53-acre premises in Lutyens' Delhi.
Justice Harish Vaidyanathan Shankar said the association's petition was not maintainable and the party concerned, i.e. the Delhi Race Club, has already appealed against the eviction order.
Union government counsel Ashish Dixit opposed the petition on the grounds that the petitioner has no locus to challenge the eviction order as it is not a party to the lease agreement between the club and the government for the land.
An August 11 eviction order issued by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, directed the club to vacate the entire premises within a 15-day period.
Challenging the order, the Jockey Association of India contended the eviction notice disrupted employment of jockeys, trainers, stable boys, and other members of the association.
The plea emphasised that the Delhi Race Club is the only facility in north India which provides specialised infrastructure required for "thoroughbred" horse racing, stabling, training and exercise, and the decision of the authorities to take over the premises is arbitrary and contrary to law.
"The Impugned Order, without providing any alternate facility, would therefore leave the Petitioners with nowhere to stable, train and exercise their horses, directly affecting their rights under Articles 19(1)(g) and 21 and placing their valuable horses and livelihood at grave risk," the petition stated.
"The Respondents' bare assertion that the land is required for "public purpose", without disclosing what that purpose is, how the land is proposed to be utilised, or where and how the existing racing and equestrian activities are to be accommodated, is arbitrary and irrational.
"The Impugned Order would effectively destroy an existing sporting institution while serving no identified or demonstrated public purpose," it added.
The Centre has claimed that the 1926 lease deed with the club, initially for a 84.48-acre plot, was not perpetual in nature and expired on December 31, 1994.
On May 26, a division bench of the Delhi High Court set aside a single-judge's order staying the show-cause notice issued to the Delhi Race Club in relation to its proposed eviction, and said authorities have the right to evict unauthorised occupants.
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, authorities initiated proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act and issued 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.
On August 11, the Estate Officer directed Delhi Race Club to vacate the premises while noting that the lease for the 53.24-acre plot expired on December 31, 1994 and was never renewed or extended.
