Delhi court denies interim protection to Indian Polo Association, paving way for eviction

A Delhi court has refused to grant interim protection to the Indian Polo Association (IPA) against the Centre's order directing it to vacate the Jaipur Polo Ground.

The order dated June 12 was posted on the court website on Saturday as officials of the Land and Development Office under the Union Housing and Urban Affairs Ministry took physical possession of the 15.20-acre Jaipur Polo Ground.

Additional Sessions Judge Dhirender Rana was hearing an application filed by the IPA under Section 9(3) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, seeking a stay on the enforcement and execution of the eviction order by the central government.

In its order, the court said, "A similar kind of request was moved before the Learned Principal District and Sessions Judge, PHC and Delhi High Court, and no relief was granted to the appellant. Therefore, keeping in view judicial discipline and propriety, I am not inclined to stay the execution of the impugned order even till next date".

The court, however, directed the Union government to file replies to the appeal and the stay application and listed the matter before the vacation judge on June 17.

The dispute pertains to the Jaipur Polo Ground situated in Lutyens' Delhi. The Centre has informed the courts that the land occupied by the polo ground and nearby establishments, including the Delhi Gymkhana Club, is proposed to be taken over for public purposes.

Appearing for the Union government, its standing counsel Ashish Dixit sought time to file replies to the appeal as well as the stay application.

However, senior advocate Akshay Makhija along with other counsel, representing the IPA, opposed the Centre's request for adjournment to file its reply and urged the court to restrain authorities from executing the eviction order till the next date of hearing, contending that otherwise the appeal itself would become infructuous.

The court noted that the appeal against the eviction order dated May 20 was filed on June 3 and notice had already been issued to the respondent, without any interim stay being granted at that stage.

"Since advance copy of the application was not supplied, arguments on the application cannot be heard as the respondent has a right to file reply to the application and thereafter only, application for stay can be disposed of," the court said.

The court noted that the IPA had subsequently approached the Delhi High Court through a writ petition where a prayer for ad-interim stay of the eviction order was also made, but no interim protection was granted.

"The petition was disposed of by observing that the District and Sessions Judge, Patiala House Courts, would decide the stay application filed along with the appeal," the order said.

The court also referred to the Delhi High Court's observation that there was no imminent execution of the eviction till June 12.

Rejecting the request for temporary protection till the next hearing, the court said, "Keeping in view the judicial discipline and propriety, I am not inclined to stay the execution of the impugned order even till next date."

The IPA termed the eviction "wrongful, arbitrary and contrary to law," and said it would pursue all available legal remedies to safeguard its rights and interests.

"As the matter is sub judice and ongoing, the Association does not propose to comment further at this stage," said IPA counsel, Major (Retd) Nirvikar Singh.

Earlier on June 8, the Delhi High Court expressed concern about the fate of the heritage structures in such properties, and lamented the construction of high-rises in the capital amid rising pollution.

"Delhi will suffocate. Whatever little breather we have in the NDMC area, that is going to go. We will all suffocate and die," Justice Krishna orally said. The court also observed that the government did not feel the need to take over the land in 200 years, and asked if making high-rises was in public interest.

"What are you going to make Delhi into? Delhi people go to chhota-mota mountain and stay there. It is a small lung that we have and you want to take away that also. Ensure that people stop coming to Delhi.

"We have only highrises all over. All two-storey buildings are gone. Every colony has been demolished. If this is how you want Delhi to live, then God help us," the court orally remarked during the hearing.