Delhi High Court Rejects Interim Plea To Reopen Roshanara Club Sealed By DDA

The Delhi High Court has rejected an application seeking opening of city’s 100-year-old Roshanara Club, which was sealed and locked by the Delhi Development Authority (DDA) in September.

A division bench of then Chief Justice Satish Chandra Sharma (now elevated to the Supreme Court) and Justice Tushar Rao Gedela dismissed the interim application filed in the petition moved by a member of the club Manish Aggarwal.

It was his case that the DDA’s action of sealing was unconstitutional and in violation of fundamental and statutory rights of the club, its members and employees. He also challenged the constitutional validity of Section 3 of The Public Premises (Eviction of Unauthorized Occupants) Act, 1971 as being ultra vires to the Constitution of India.

“Learned Counsel for the DDA has stated before this Court, that they are finalizing the scheme for the smooth running of the club and the same shall be finalized at an early date and therefore, the prayer for grant of interim relief is rejected,” the court said.

The court observed that since it is already dealing with the issue of running the club and a writ petition concerning the same is also pending, no interim order can be granted in the plea moved by the club’s members.

“Before the Hon’ble Supreme Court also a prayer was made to restore the possession to the Roshanara Club and the relief was not granted in the matter. Now, a petition has been filed by certain persons who are members of the club,” the court said.

It added: “In the considered opinion of this Court, as this Court is already dealing with the issue of running the club and the writ petition is also pending on the subject, no interim order can be granted in the present writ petition.”

The court has now listed the petition along with another plea for hearing on December 07.

On October 06, the court had denied relief to the Roshanara Club and directed the DDA to devise a scheme to run the club. The possession was not handed over to the ex- management of the club.

Later, the Supreme Court on October 19 rejected the plea by the management of the Roshanara Club to restore possession of the premises to it.

“Therefore, at this stage, it not necessary for us to interfere with the directions issued in paragraph '10' as the same are not final. The High Court will hear the parties on the scheme before issuing the directions in terms of paragraph '10'. With the above clarification, the present special leave petition is dismissed,” the Apex Court had said.

Title: SH. MANISH AGGARWAL v. THE ESTATE OFFICER & ORS.

Citation: 2023 LiveLaw (Del) 1121

Click Here To Read Order