Key Facts
A Delhi court has refused to grant interim protection to the Indian Polo Association (IPA) against the Centre's eviction order for the historic Jaipur Polo Ground in Lutyens' Delhi. The Land and Development Office under the Union Housing and Urban Affairs Ministry has taken physical possession of the 15.20-acre property.
Court Proceedings
Additional Sessions Judge Dhirender Rana, hearing the IPA's application under Section 9(3) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, declined to stay the eviction. The court noted that similar requests had been rejected by the Principal District and Sessions Judge and the Delhi High Court. 'Keeping in view judicial discipline and propriety, I am not inclined to stay the execution of the impugned order even till next date,' the judge observed.
The court directed the Union government to file replies to the appeal and stay application, listing the matter for June 17 before the vacation judge.
Background of the Dispute
The Jaipur Polo Ground, located in the Race Course area, has been a subject of contention between the IPA and the Centre. The government has stated that the land, along with adjacent properties including the Delhi Gymkhana Club, is proposed to be taken over for public purposes.
The IPA, through senior advocate Akshay Makhija, opposed the Centre's request for adjournment, arguing that execution of the eviction would render the appeal infructuous. However, the court noted that the IPA had not supplied an advance copy of its application, and the respondent had a right to file a reply.
Delhi High Court's Concerns
Earlier, on June 8, the Delhi High Court had expressed strong reservations about the eviction. Justice Krishna orally remarked, 'Delhi will suffocate. Whatever little breather we have in the NDMC area, that is going to go. We will all suffocate and die.' The court questioned the need to take over land that had remained untouched for 200 years and lamented the proliferation of high-rises at the cost of green spaces.
'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,' the court observed.
What This Means for Delhi's Green Spaces
The eviction of Jaipur Polo Ground highlights the ongoing tension between urban development and preservation of heritage and green areas in the national capital. The IPA has termed the eviction 'wrongful, arbitrary and contrary to law' and stated it will pursue all legal remedies. However, with the court refusing a stay, the Centre's possession of the land appears firm for now.
FAQ
- Why did the Delhi court deny stay on eviction of Jaipur Polo Ground? The court cited judicial discipline as similar relief was denied earlier by the sessions court and Delhi High Court.
- What is the size of Jaipur Polo Ground? The ground spans 15.20 acres in the Race Course area of Lutyens' Delhi.
- What did the Delhi High Court observe about the eviction? The High Court expressed concern over loss of green spaces and high-rise construction, warning that Delhi would 'suffocate'.
Source: www.thehindu.com