Factual Background 

In the matter of Roshanara Club Limited v Delhi Development Authority, The petitioner had appealed the contested eviction order provide, which was issued erroneously on April 12, 2023. The petitioner club has been occupying the property for the past 100 years, but that was not taken into account when the eviction order was issued. In 1922, a group of British, bureaucrats, and the “emerging Indian elite” created the Roshanara club. The petitioning club asked DDA for a lease extension under his new policy for the previous scheme branch. On September 11, 2018, DDA received the petitioner’s request for an extension of the lease’s expiration date under his new policy of the old scheme branch, which was then being reviewed. On September 11, 2018, the Old Scheme Branch of the DDA ruled that the petitioner’s eviction procedures could not be completed while the lease renewal request was pending. It is argued that the DDA nonetheless issued the contested Eviction order despite the fact that the petitioner’s request for a lease renewal is still pending with the DDA.

Argument Advanlced

The petitioner argued that it is appropriate to provide the petitioners with temporary relief at this time because the DDA’s policy on the renewal of expired long-term leases is still being studied and has not yet been determined.

According to the defendant, the lease in question was given in 1922 for the benefit of Europeans living in India. They further assert that the petitioner is in possession of prime land totalling more than 1,10,000 square meters of DDA even though their lease has expired. The petitioner has no legal authority to keep occupying the property after the contract has expired and requested that the present writ petition should be rejected.

Court Observation

The Delhi High Court single bench Justice Mini Pushkarna issued the ruling, noting that the club has been around for more than a century, has made significant contributions to society through various sports, and has allowed a number of national athletes access to play on its grounds. There is also no claim that the club has abused the space in any way or is in arrears on its DDA fees, according to Justice Mini Pushkarna. As a result, grant a temporary injunction and extend the Roshanara club’s lease.