Last week, the Union Ministry of Housing and Urban Affairs’s Land and Development Office (L&DO) wrote to the Delhi Gymkhana Club, asking it to vacate its leased premises on Safdarjung Road by June 5.The government wanted the land back for “strengthening and securing Defence infrastructure”, but the decision to remove the over 100-year-old club has kicked off a controversy and led to a slew of legal challenges in the Delhi High Court. On Tuesday (May 26), the HC Court recorded Solicitor General Tushar Mehta’s statement that due process of law will be followed for eviction, and refused to issue any further directions.How did the Delhi Gymkhana Club come to be?The colonial-era club has its origins in July 1913, soon after the British Indian government decided to move the capital from Kolkata to Delhi in 1911. The land was leased by the government to the Imperial Delhi Gymkhana Club in February 1928, after which the buildings were constructed in the 1930s.According to official documents, the lease was perpetual, meaning that while there were other conditions, no fixed time frame was attached to it. At the time, the club was meant for British officials, but after Independence, it became a space for members of the Indian bureaucracy, judiciary and armed forces, among others.The club’s website states that the building was designed by architect Robert T Russell, who also designed Connaught Place and the Commander-in-Chief’s residence, which later became Teen Murti, the residence of Prime Minister Jawaharlal Nehru. Post-Independence, the club, located at 2, Safdarjung Road, was renamed the Delhi Gymkhana Club.How is land administered in Delhi?After 1947, the Union government came to administer the land in Delhi through its L&DO. It allots land for the development of residential colonies, institutions, clubs, political parties, etc., and administers leases. The leases can be for a fixed period, like 99 years, or perpetual in nature.Also Read | 7 Maharajas as lifetime members, decades-old waitlist: Story of Delhi Gymkhana ClubThe lessee pays a fixed ground rent for the land, which, according to the conditions of the lease, can be periodically revised. For residential properties, over the years, more than half have been granted freehold status by L&DO, meaning the ownership status changes to grant the owner full rights. In fact, out of around 60,000 properties on L&DO land, around 35,000 had been converted from leasehold to freehold as of 2021, according to the CAG report that year.What is the current controversy?Story continues below this adIn its May 22 letter to the club, the L&DO said it required the 27.3-acre plot for defence infrastructure. The L&DO letter cited clause 4 of the lease that allows the government to “re-enter” the land for a “public purpose”.“Whereas, it has been determined that the said premises, located in a highly sensitive and strategic area of Delhi, is critically required for the strengthening and securing of Defence infrastructure and other vital public security purposes. The land is essential to fulfil urgent institutional needs, governance infrastructure, and public-interest projects, integrated with the resumption of adjoining government lands,” the L&DO said.The land is located next to the Prime Minister’s residence on Lok Kalyan Marg. The slums on Race Course Road, which are the adjoining government lands referred to in the letter, are being cleared of encroachments currently by the L&DO, pointing to a larger plan to free up the area for another purpose.“Whereas, under Clause 4 of the Lease Deed, it is expressly provided that: ‘If the demised premises or any part thereof are required for a public purpose then and in such case it shall be lawful for the Lessor… to re-enter and thereupon this demise and everything contained therein shall cease and determine…’ Now, therefore, in exercise of the powers conferred under Clause 4 of the Lease Deed, the President of India, through the Land & Development Office, hereby determines the Lease and orders re-entry of the aforesaid premises with immediate effect,” the L&DO said.Story continues below this adThe L&DO asked that the premises be handed back on June 5.Since 2022, the club has been run by a government-appointed general committee on the orders of the National Company Law Tribunal. The Corporate Affairs Ministry approached the NCLT seeking regulation of the club, which is a registered company under the Companies Act, 1956, alleging that it was being run in violation of norms and mishandled.What happens now?The club’s general committee met on May 23 and decided to write to the L&DO asking it to consider that there should be “no dislocation of the club”, according to the letter sent by its officiating secretary. The committee said the club’s 14,000 members, who have been paying fees regularly, and 500 employees would be impacted by the L&DO’s decision.Multiple petitions filed by members and employees of the club were heard in the Delhi High Court.