A division bench of the Delhi High Court on Tuesday ordered resumption of eviction proceedings initiated by the estate officer against the 53.4-acre Delhi Racing Club.
A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia observed that the single judge’s order of April 24, restraining the estate officer from proceeding pursuant to the show-cause notice dated April 17, 2026, issued under the Public Premises (Eviction of Unauthorized Occupants) Act (PP Act), was passed without specifying reasons, even for the name itself.
The show cause notice asks the club to explain why it should not issue an eviction order in relation to the public buildings it occupies.
In the 34-page ruling, the judges noted that while the single judge discussed the parties’ respective issues, the order merely stated that consideration was required, given the history of checkered litigation and the particular facts and circumstances of the case, before granting interim protection without further grounds.
The bench held that such a course of action was impermissible as the interim order adversely affected the Centre’s valuable legal right under the PP Act, without recording reasons or making findings on the fundamental considerations: prima facie case, irreparable harm and balance of convenience.
“So far as the issue ‘B’ set out above is concerned, what we observe is that the learned Single Judge while passing the impugned order, after discussing the issues in question of the parties, merely observed that having regard to the checkered history of the earlier suit and to the particular facts and circumstances of the case, the matter required consideration and thereafter without assigning any reason, even to the name itself, directed that the Estate Officer would not proceed with the show-cause notice dated ‘17.04.2026’ and the Court said in its order: ‘17.04.2026’.
“Such a course, in our opinion, was not available to the learned Single Judge to pass the interim order, thereby affecting the valuable right of the appellants to invoke the statutory right under Section 4 of the PP Act, without giving reasons and without providing a finding on the issue on the prima facie issue of irreparable loss and balance of convenience,” she added.
The court passed the order while hearing the Centre’s plea, filed by standing counsel Ashish Dixit, against the single judge’s April 24 order.
The petition filed by Additional Solicitor General Chetan Sharma contended that the April 24 order failed to appreciate that the writ petition was directed only against the show-cause notice, though the Act provides a complete and effective mechanism, including prosecution before the Estates Officer and remedy of appeal under Section 9 of the Act. She added that the single judge overlooked the fact that the lease had expired and that the defendant’s continued occupation of the land was unauthorized.
The racing club’s counsel, senior advocate Sohail Dutt, opposed the petition, saying the April 24 order was “interim in nature” and could not be challenged before the division bench.
The dispute arose after the Center initially issued a leave notice on March 12, against which the club filed the suit and it was disposed of on April 9, after the Center said any action for expropriation would be taken in accordance with the law. Thereafter, the Center issued a notice to the Club on 17 April, under the PP Act, in respect of the lease granted by the Center in favor of the Club in March 1926. The Club then approached the High Court challenging the 17 April Notice, following which the order of 24 April was passed.
The club is located on Race Course Road, Lok Kalyan Marg, New Delhi, near the Prime Minister’s Residence and Delhi Golf Club area.
