Delhi Race Club denied interim protection in Lok Kalyan Marg eviction case

Featured image for the article: Delhi Race Club denied interim protection in Lok Kalyan Marg eviction case

The Delhi Race Club has failed to secure a stay on its eviction from an 84-acre Lok Kalyan Marg property after the Supreme Court and a District Judge declined to intervene on Tuesday.

The Supreme Court sent the Delhi Race Club to the District Judge, who declined an interim stay on eviction from its Lok Kalyan Marg site.

The Delhi Race Club’s bid to halt its eviction from its 84-acre premises on Lok Kalyan Marg was rejected on Tuesday, leaving its challenge to proceed before the District Judge.

The Supreme Court declined to intervene after learning that the club had already filed an appeal and an application for interim relief before the jurisdictional District Judge. Later that day, the District Judge dismissed the club’s request for a stay on the eviction order.

The club’s lease, granted in 1926, expired on December 31, 1994, and was never renewed, the court held. Judge Pitamber Dutt said that rent payments made after a lease expires cannot by themselves amount to a renewal.

The club had argued that its continued rent payments and an August 2013 payment of nearly Rs 3.5 crore supported its claim for a lease extension. The court found that the payment represented damages recoverable up to July 4, 2013, rather than rent for a renewed or extended lease.

The Centre has said it requires the land for a public purpose. Its proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act began with a show-cause notice issued on April 17.

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