New Delhi, May 26 (HS): The Division Bench of the Delhi High Court has lifted the stay on the order directing the Delhi Race Club to vacate the premises. A bench headed by Chief Justice D.K. Upadhyaya observed that the Central Government has the statutory authority to evict unauthorized occupants from any public premises.

During the hearing, Additional Solicitor General Chetan Sharma, appearing for the Central Government, argued that the petition filed by the Delhi Race Club against the show-cause notice was not maintainable. He submitted that the Delhi Race Club should raise its objections before the Estate Officer under Section 4 of the Public Premises Act.

The Division Bench observed that the Central Government has the authority under Section 4, through the Estate Officer, to initiate action for removal of any unauthorized occupation from public premises. It further noted that staying the action of the Estate Officer would amount to virtually deciding the matter itself. The Bench also recorded that 84.484 acres of land were leased to the Delhi Race Club in 1926, and the lease expired on December 31, 1994.

The court observed that once a lease of a lawful occupant expires, it is also treated as unauthorized occupation. The matter arose after the Estate Officer issued a show-cause notice to the Delhi Race Club on April 17, asking why an eviction order should not be passed against it. The club had challenged this notice before a Single Bench, which on April 24 had stayed the notice.

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Hindusthan Samachar / Jun Sarkar