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SC clears way for 11 Gymkhana Club members to challenge Centre takeover

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The Supreme Court on Monday cleared the way for 11 members of the Delhi Gymkhana Club to approach the Delhi High Court against the Centre’s decision to take over the club’s 27.3-acre premises and the subsequent eviction proceedings.A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order after senior advocate Vikas Singh, appearing for the members, told the court that the High Court had refused to entertain their plea.The High Court had taken the view that it was the club, rather than its individual members, which could challenge the Centre’s decision. Singh told the Supreme Court that the High Court had asked the members to seek clarification from the apex court on whether they could pursue the matter before it.The Supreme Court permitted the 11 members to move the High Court, while making it clear that the move would remain subject to objections from the other side on maintainability and other legal grounds.The dispute has put the members in an unusual position. Singh had earlier told the Supreme Court that a committee nominated by the Centre is currently managing the club. Since the government nominated committee is running the club, he argued, it cannot itself take on the government in a legal battle over the takeover.Monday order therefore gives the individual members an opportunity to place their challenge before the High Court, although the legal objections to whether they are entitled to maintain such a plea remain open.The immediate issue before the High Court will now be whether the members can pursue the challenge against the Centre’s takeover and the eviction proceedings despite objections over their legal standing.

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