New Delhi, Aug 26 A court here has dismissed a plea moved by the Delhi Race Club for an interim stay on an eviction order issued by the central government earlier this month, observing that the club failed to make a prima facie case in their favour.
The club had filed the plea against the eviction order passed by the Estate Officer on August 11 this year under the Public Premises (Eviction of Unauthorised Occupants) Act.
The court, in an order passed on Tuesday, said that the Centre did not issue any document to renew the club's lease after 1994 and, despite various opportunities, the club did not file any reply or put forth any plea before the Estate Officer, after which the officer passed the order of eviction based on the material placed before it by the Centre.
“I am of the considered view that appellant (club) has failed to make a prima facie case for stay of the impugned order… Accordingly, the application filed for interim stay is dismissed,” Principal District and Sessions Judge Pitamber Dutt said.
The judge said that the club was granted ample opportunity to file its reply before the Estate Officer.
He said, “Perusal of the record of the Estate Officer clearly shows that the Estate Officer had afforded more than sufficient opportunities to the appellant, but they did not submit their reply and evidence."
"The appellant failed to submit any reply, due to which the Estate Officer was constrained to close their right and reserved the matter for orders.”
The court underlined that the Centre did not issue any document to renew the club's lease after 1994.
It said, “The appellant has contended that they have been making the payment of the rent without any default; therefore, they cannot be termed as unauthorised occupant."
"It is well settled law that mere payment of rent after the expiration of the terms of the lease deed cannot be construed as renewal of the lease which has already expired.”
The club argued that the eviction proceedings violated the principles of natural justice, claiming they were not provided with a copy of the government's complaint.
The court, however, rejected the argument, noting that the Estate Officer had specifically mentioned providing the documents to the club's secretary, who had even signed the order sheets.
It said that the Centre initiated proceedings before the Estate Officer, who issued a show cause notice, pursuant to which the club appeared and sought various opportunities to file a reply.
But, despite various opportunities, the court noted, the club did not file any reply or put forth any plea before the Estate Officer, and so the officer passed the order of eviction based on the material placed before it by the Centre.
The court has posted the matter on September 26 for the final disposal of the main appeal.
