AHMEDABAD GYMKHANA CLUB vs UNION OF INDIA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 138

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ARAVIND KUMAR, ASHUTOSH SHASTRI, JJ.
AHMEDABAD GYMKHANA CLUB – Appellant
Versus
UNION OF INDIA – Respondent
Letters Patent Appeal No. 29 of 2023, Special Civil Application No. 9772 of 2021, Civil Application (For Interim Relief) No. 1 of 2023
Decided On : 17-01-2023

Advocates:
Advocate Appeared:
For the Appellants : MIHIR JOSHI, SALIL M. THAKORE.
For the Respondents: DEVANG NANAVATI, ANKIT SHAH.

Headnote:
Constitution of India, 1949 – Article 14, 226, 227 – Public Premises (Eviction of Unauthorised Occupants) Act, 1971 – Section 4 – Competent Authority – Power of High Court to issue certain writs – Extension of Interim – Learned Senior Advocate appearing appellant Joshi has submitted arguments main appeal extensively and respondents who are on caveat and represented by learned Additional Solicitor General of India for respondent also addressed arguments on main matter – Held, Court not find any such contingency arising for this Court to interfere with the well-reasoned finding recorded by learned Single Judge reserving liberty to appellant to urge all grounds by replying without expressing any opinion on merits as it is likely to prejudice right of writ applicant – Court considered view that no hardship much less inconvenience would be caused to appellant and appellant would only be required to appear before competent authority and conduct proceedings which would be subject to further orders forum – Appeal dismissed.

JUDGMENT :

ARAVIND KUMAR, J.

1. Though matter is listed for admission, learned Senior Advocate appearing for the appellant Mr. Mihir Joshi has submitted arguments on the main appeal extensively and respondents who are on caveat and represented by Mr. Devang Nanavati, learned Additional Solicitor General of India for respondent Nos. 1 to 3 has also addressed arguments on main matter. Hence, we have taken up the appeal on merits and disposed of by this order.

2. Respondent herein who is the writ applicant was granted land bearing Survey No. 109 admeasuring 1.77 acre in the cantonment area of Ahmedabad on lease for a period of 30 years which was renewable upto 90 years by registered lease deed dated 12.1.1932. Same was renewed on 1.10.1962 for a further period of 30 years. Thereafter petitioner applied for renewal of lease in 1992 and no formal decision has been communicated to the petitioner in this regard.

3. A show cause notice came to be issued on 9.1.2017 by respondent No. 2 herein to the appellant alleging writ applicant was carrying on certain activities in violation of the terms of the lease. Said notice was duly replied on 6.2.2017. After few years, i.e. 25.6.2021, petitioner was served with a termination order in furtherance of the show cause notice issued on 9.1.2017 stating thereunder that lease had been terminated on the ground that the activities mentioned therein amounts to commercial use of the club and not bona fide activities of the club and same being in violation of clause 1 (6) of the Lease Deed dated 12.1.1932. A representation came to be submitted by the petitioner on 29.6.2021 in response to the termination of tenancy dated 25.6.2021. On account of alleged obstruction caused by the staff and officers of respondent No. 2, Special Civil Application No. 9772 of 2021 came to be filed before this Court, inter-alia, for the following reliefs:

“33(A) That the Hon’ble Court be pleased to issue a writ, order or direction quashing and setting aside Order No. DEO/1028/IV dated 25.06.2021 passed by the Defence Estates Officer, Gujarat Circle, Ahmedabad-4 and eviction notice dated 04.08.2021 by the Defence Estates Officer, Gujarat Circle, Ahmedabad-4.

(B) That pending the hearing and final disposal of this petition, the Hon’ble Court be pleased to stay Order No. DEO/1028/IV dated 25.06.2021 passed by the Defence Estates Officer, Gujarat Circle, Ahmedabad-4 and restrain the respondents the respondents from obstructing the petitioner, its staff, officers, members, etc. from entering the club premises and using the club facilities in any manner whatsoever and from obstructing the regular functioning of the club in any manner: and eviction notice dated 04.08.2021 by the Defence Estates Officer, Gujarat Circle, Ahmedabad-4.

(D) For such other and further reliefs as the Hon’ble Court may deem just and proper in the facts and circumstances of the case.”

4. During the pendency of the petition, the writ applicant moved an application for extension of lease which came to be considered and rejected by communication dated 20.5.2022 on the ground that vide termination order dated 25.6.2021, the lease of the petitioner had been determined. Hence, amendment of the prayer in the Special Civil Application No. 9772 of 2021 was sought for which came to be allowed and as such petitioner amended the Special Civil Application No. 9772 of 2021 and also sought for quashing of the order dated 20.5.2022.

5. In the interregnum, the learned Single Judge granted stay of the notice dated 25.6.2021 vide order dated 26.8.2021. Subsequently, by impugned order dated 21.11.2022, petition came to be dismissed on the ground that lease was never a matter of right; the lease had not been renewed in terms of the contract; an automatic extension of lease as per the interim extant policy dated 10.3.2017 itself will not be entitled to be claimed by the petitioner to invoke remedy for enforcement of such policy in exercise