Delhi High Court Allows Centre's Appeal Against Order Staying Notice To Delhi Race Club Under Public Premises Act

The Delhi High Court on Tuesday (May 26) allowed the Centre's appeal against the single judge's interim order staying proceedings before the Estate Officer pursuant to the show cause notice dated 17.04.2026 issued to Delhi Race Club under the Public Premises (Eviction of Unauthorised Occupants) Act pursuant to expiry of the Club's lease.

For context, the Club was issued a show cause notice under Public Premises by Central Authorities, which was challenged by the Club before the single judge who had stayed it on April 24. Centre has alleged that the Club's lease had expired and it was not extended. Thus, the Club could not continue to occupy the premises.

A division bench of Chief Justice DK Upadhyay and Justice Tejas Karia passed the order.

The appeal challenges order dated 24.04.2026 passed by the Single Judge which had issued notice on Delhi Race Club's petition and had stayed further proceedings before the Estate Officer pursuant to the show cause notice dated 17.04.2026 issued under Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act.

The Centre had argued that the single judge's order fails to appreciate that the writ petition itself was directed only against a show cause notice, whereas the Act provides a complete, self-contained and efficacious statutory mechanism, including adjudication before the Estate Officer and an appellate remedy under Section

The Centre alleged that the single judge further failed to appreciate that the lease was no longer in currency and its continued occupation of the land is unauthorised, and that all pleas sought to be urged by the Respondent, including its disputed claim of a subsisting lease or lawful occupation, are matters to be raised and adjudicated before the Estate Officer in the first instance

The Appellant, through the Land & Development Office, Ministry of Housing and Urban Affairs, Government of India, is the lessor and custodian of valuable public land admeasuring approximately 53.242 acres situated at Race Course Road, now known as Lok Kalyan Marg. The Respondent/Delhi Race Club

claims rights under a lease deed dated 08.03.1926. However, the lease was not a perpetual lease; it was granted on a purely temporary basis for a fixed term and the last extension, if any, expired on 31.12.1994. The consistent stand of the Appellant is that after expiry of the lease, no further extension was granted in favour of the Respondent, and consequently, the Respondent has no subsisting legal right, title or authority to continue in occupation of the said public premises.

Centre alleged that the Club's continued occupation is, therefore, unauthorised and is liable to be examined by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The Club contended continuation of leasehold rights, whereas the Centre categorically disputed the same and maintains that the lease stood expired and that the Respondent's continued occupation of the public premises is unauthorised. Centre said that such disputed questions, including the status of occupation, alleged subsistence of lease, validity of the Respondent's possession, and the consequences of expiry/non-renewal of lease, fall squarely within the statutory domain of the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

It was argued that the Act provides a complete mechanism for adjudication by the Estate Officer in the first instance and,thereafter, a statutory appeal under Section 9. Therefore, the Respondent could not have bypassed the statutory forum and sought interdiction of the proceedings at the threshold stage of show cause notice.

Case title: UNION OF INDIA & ANR v/s DELHI RACE CLUB (1940) LTD.

LPA 336/2026 & CM APPL. 30157-59/2026