The Delhi Gymkhana Club's eviction case illustrates how government land acquisition under 'public purpose' clauses can be challenged on grounds of due process violations, selective targeting, and potential misuse of national security justifications, raising important questions about the balance between state authority and property rights in democratic governance.
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Gymkhana Club Faces Eviction Amid Controversy Over National Security and Elitism | The Hard factsAdded:
Delhi Jim Kana Club has stood as the ultimate symbol of Latian's privileged viewers. That's what a lot of people say. A colonial era preserver of bureaucrats, generals, judges and India's power and privileged classes.
The club has long been viewed as a fortress of exclusivity hidden behind manicured greens and impossible waiting lists stretching across decades. Tonight however that fortress finds itself under unprecedented pressure.
The Narendra Modi government has moved to evict Jim Kana Club from its iconic Saba Jang Road premises invoking clause 4 of the lease deed and you can see that on the graphic viewers that I'm going to pull out for you. Clause four of the lease deed that empowers the state to reclaim the land for public purpose.
That's the specific reason for which the government says we want this land. We want it back. And viewers, it is this reason and this clause which empowers the lesser of the government to reenter and terminate the lease.
So public purpose overrides pretty much everything in the government's estimation. And in such cases market value of the land becomes irrelevant.
Compensation can be paid based on premium paid and or for the cost of the buildings. The club becomes under company's act and is registered as a nonprofit company activities are subject to conditions and regulations. Club has been under the scanner for its functioning is also something that the government says needs to be woven in.
Center argues that the club registered as a nonprofit entity under the company's act has been under scrutiny for financial irregularities. Again viewers, we put this into perspective for you. Unlawful appointments and governance lapses, 50 cr public deposits collected. All sorts of things viewers have been attributed.
Malfunctioning of club records has been found. Companies act provisions has been violated. Unlawful member appointments.
Monthly board meetings are not held. All of this viewers is the government's rationale. So there's mismanagement on top of things. There's hardly any transparency and accountability.
But the Jim Khana is hitting back and it's hitting back hard. It's moved court. And the filings accessed by CNN 18 shows that the club accuses the government of acting with malice.
bypassing due process and attempting a force takeover through executive power.
So a host of reasons, vague and generalized reasons, defense infrastructure, public security purposes and governance infrastructure for the takeover with no particulars and material provided amounting to nothing more than a sham. So some very interesting words have been used. flagrant violation of articles 300A of the constitution of India.
Rights cannot be extinguished in an arbitrary manner without an acquisition process. Malicious and culable exercise being the last in a series of acts by the government to gain control over the institution including a recent attempt to take over the management of the institution amounts to an attempt to effect forced eviction through executive force administrative fiat and threat exercise of police power instead of following the due process of law. You may have wondered why I referred to the club as a symbol of Latian's privilege.
viewers, there's a decadesl long wait list. So if anyone from the wider public wants to join the club could wait 50 years and pay a hefty deposit which may be realized or not.
100 memberships are open each year and as I said the average waiting period is three decades, three and a half decades.
There have been cases that have stretched on for longer.
Then there is a kota structure 404 4020 ratio for civil servants, defense and professionals respectively. Generational privilege, dependents and kids of existing members receive accelerated access though of recent that policy has been put on hold because of court cases.
There's social gatekeeping. Applicants require sponsors, social approval, acceptability, etiquette and so forth.
And it's also true that the Delhi Jim Kana isn't the only one under pressure to elect exclusive viewers. Clubs around the country, the Mahal Lakshmi raceourse in Mumbai has been under pressure to hand over its land for public use. There is of course the Madras Jim Khana as it is still called viewers.
So there are several of these. The Karnataka Turf Club that's also been under the Tumuru Club.
There are several properties such as these views that date back to British times. But while all this may be true, the real question is one of legality and less rules of association.
If that was the sole reason, then there should exist any islands of exception.
Why do we have viewers for example another club like the BCCI?
Why do we have viewers other clubs that are islands of exception for politicians?
Why should there be exceptional perks given to politicians though they're not given to us?
So precedent must also be taken into account and there is no such precedent for such an action.
So we must ask, is this a legally defensible, a legitimate cleanup of an elite institution or a purportedly elite institution sitting on prime government land in the heart of high security Delhi? Or is the state using a quote public purpose unquote as a tool to dismantle one of the last surviving bastions of old Delhi influence and privilege because the government wants to play to the political galleries.
Let me first go across to Amir Singh Pasri who's a senior lawyer and also a UCP a member of the Delhi Jim Khana club. So we'll go one-on-one with Amir Pasich because he's part of the think tank that has helped craft the strategy director Sab has crafted the strategy to try and mount a defense for the Jim Kana club. Now Amish Pras thank you very much for joining us. Simple question. Does the club have a case? Does it have legs to stand on?
>> I think it has a good case. Um I I'm I'm deeply concerned about the method of as you call it acquisition or uh this is a form of expropriation actually which is uh uh done in very rare cases.
You normally do it if there's a war. Uh so I didn't expect uh I didn't expect the the the government to impose something so drastic in these circumstances by withdrawing a perpetual lease. There is a perpetual lease here and uh the perpetual lease is in effect uh without violation. There's no allegation of violation. So to come up with a new u ground of withdrawal of those of the land would allow you to effectively do that for any leaseold property which would cover all the embassies they all leaseold it would cover houses in colonies chba conflicts that I know for sure sundanagar they're all leaseold properties under the old um new delhi regime also under the lndo then there would be properties in uh different parts of uh u you know um India that are government properties you could always ex you know exploit this clause so I I I'm concerned about how it's been exploited because there's no hearing there's no system of um allowing objections and the purpose is very broad there's there's nothing wrong with the purpose if if as I said you had a pandemic or a war or if you wanted one tennis court to cover a battery of defense facilities uh in the neighborhood, that would be one thing.
We're not talking about there. We're talking about a large chunk of land leased permanently u for a purpose that has admittedly not been violated. So in my respectful view, I think it's a it's a unfortunate approach. unfortunate approach a kind of arbitrariness.
Thank you Amish Singh Pasich. I know this matter is subjudice and I will not hazard getting you to answer more questions as of now. It's a delicate stage. So thank you very much for joining us. Let's open this up a little bit viewers. Let me bring in So what do you make of the government order asking the Jim Kana club to vacate its premises?
I'm very clear about three things called the Delhi Jim Khana eviction notice.
Number one, you cannot challenge anyone no matter which government it is. If the government raises a national security issue and for people to say that oh but you know the government must explain, they don't need to explain because you're sitting on their land. Number two, this is a club that has been in existence for almost a century if not more. It has members, it has staff, it is a functioning premises. I don't think the eviction order should have been done in a manner where you give the club 2 weeks of notice because you send them a notice on the 22nd of May and you want them out by the 5th of June. That to my mind is the unfair part. Number three, for all those people who are saying, "Oh, club is an elite establishment," it's they're talking rubbish. If you go to the Delhi Jim car, for that matter, any club in India where it is on government land unless you're talking about very high-end private clubs, all clubs have subsidized because they do not overcharge fleece or profit here.
So, it is not about elitism. Let's take the debate away from elitism which a lot of people are talking about. It is about privilege. Yes. And the difference is I can tell you I'm still supporting the club largely even though I filed an application for membership 37 years ago before most of you were born and I haven't heard back ever. But if you are part of the administrative services, if you are part of the defense services, if you are a dependent and then wanting adult membership, all those things are available. So the club does function on privilege on quotas, which to my mind is unfair. But that's the club's call. See the point is that A the club should have or must be given more time B it will play out in court tomorrow but I don't think any court is going to uh subvert or overturn a government order when the government mentions national security.
So it's it's a bit of a you know a puzzle as to what's going to happen. Bit of a puzzle. Well, that of course we'll have to see how the legalities unfold in court, but we've heard Amir Singh Preach and he believes that there's a certain degree of arbitrariness and that perhaps the government has heard there but those are of course arguments that will be won or lost in court viewers but Dr. Dr. Ranganatan this whole talk of this particular club being an island of privilege of entitlement and that in a country you cannot have first among equals.
If that is the underlying assumption then does the Jim Khana club have a right to exist?
>> Uh Rahul yes the Jim Khana club has a right to exist. Of course it does like any private entity. Uh but I fail to understand why are folks throwing a fit.
Daily Jim Khana is a private club. No one's taking away your membership of it.
Just that leave aside security concerns which are legitimate. Taxpayers are no longer willing to subsidize to the tune of tens of thousands of crores your stale cutlets and chlorinated evening swims. 27,000 crores is the market rate for the Delhi Chana Club land. You are paying 1,000 rupees a month for it. It is shocking that THIS WENT ON FOR THIS LONG. Every government is criminary culpable, including this one. Thank God they finally woken up. Why was a perpetual lease given to a private club at taxpayers's expense? A blatantly wrong law was promulgated and you want to continue with it because it suits your interest. Well, there were many who didn't want article 370 to be abrogated as well, isn't it? And these talentless entitled embassy kitty party groomed property dealing derbaris and brown seo are in full nuclear meltdown because their precious little Raj imitation club with napaline less urinals is being taken over. Talking of nuclear Dr. Kalam was never made a member of the same Delhi JIM KHANA EVEN THOUGH a road named after him RUNS A FEW FEET AWAY FROM THIS CLUB. THIS ITSELF tells you of the club's credibility. Look just four point briefly. Number one, this club is right next to prime minister's residence and office. So obviously there are security concerns that are subject to constant monitoring and threat assessment that can and does change from week to week.
Number two, no one is denying you the right to restart the city club at a different location and screen and admit whichever social climate you want. Do it in Gazipur if you want. I don't care.
Number three, despite it being a private club, it is sitting on 28 acres of the most expensive land in India and paying a pittance for it in rent. NUMBER FOUR, I have nothing against your screening process. That leaves out 99.99% of the military personnel and civil servants who also contribute to the nation as much as you do because it IS A PRIVATE CLUB. BUT DON'T WAX eloquent about how this club is serving all those who are serving the nation. No, it's not. It is serving 0.00001% of them that to add taxpayers expense.
>> Susan Sarin.
>> Okay. Uh Rahul full disclosure uh uh I uh am a beneficiary of the club. So keep that in mind. But let me now just challenge uh my friend Chowin Lai or Pulpot who wants to demolish all uh you know uh all all privilege and everything in India uh and demolish elitism completely. There are I think there is a pole pot in every Indian uh and every Indian would want to replicate Kir Rouge. uh if he cannot be part of something then he must become kar rouge and destroy everything but aides of that uh you know Anand look one you keep talking about exclusivity please tell me which club in India is not exclusive second you talk about government land and Anand has quoted some figure 27,000 crores whatever the number of figure whatever the figure why is there a CSI civil service officers institute right out >> right what is the value of that why is Is there a Delhi flying club? Does does anybody use the Delhi flying club? It used to be at one point of time. There are no flights taking off from there.
There are no glider flights out there.
Why is there a Delhi flying club? What is the value of that entire Sydang airport land? Why is there a India habitat center? Why should there be membership in India habitat center? Why are there newspaper offices on Bahadusha Zafur all on Leand? Is the newspaper not a profitable organization? Do you does the government not give money a land to section 25 companies which includes some of these newspapers and news agencies?
Why is there a press club of India?
Please tell me why do you only want to single out a Delhi Jim Khana club and the other why is there a DSI? Why why should defense service officers be getting a club of their own? Why isn't that on subsidized land? Isn't that on uh on why are all the NOS's whether it's in Arauram, whether it's in various other places being given subsidized land? Why? How what is the ground rent out there? There is some degree of male taking place from the government to acquire this land. And this bank of security and national security is pure bank simply because so that nobody can question it. Even somebody like a swel gets di in his mouth because somebody has said national security. So he doesn't want to say anything national security. There is no national security involved. This club has existed out there for 100 years. The prime minister's house came in much later. Has there any threat ever been posed to the prime minister from this club? None whatsoever. So what security are you talking about? But this is an excuse which has been used. This is a legal slate of hand which has been used to justify the takeover of a club. And incidentally, while I can agree with somebody who says there were things being mismanaged, there are there are a lot of mismanagement which has taken place in a range of other clubs and properties which are lease uh leased out to various places. The government does not act out there. It gives a notice and then finally takes the ground rent after a couple of years, puts a penalty. It does all of that. And if you say that this club has been mismanaged for last four years, it has been managed by cronies of the government who have actually been misusing the club. Many of them have been actually misusing the club. They have mismanaged the club much more in the last four years than it was ever done in the last 100 years. Okay.
So and if they say that there was there was corruption in the club, there was misappropriation of funds or whatever else, why did they not file a single criminal case against people who were responsible for that in the last four years? Because this is a vardat which they have done. They have very very very cleverly acquired the management of the club and now the management is not challenging the order of the government.
It is members of the club who are challenging the order of the government.
The management is handin glove with the government and that is the conflict of interest which nobody seems to be talking about.
>> One second. Yes. I I I'll bring you in Dr. Yashuard Nazad. Yes. Please go ahead.
>> I think you're on mute sir. Yeah.
>> No we can hear you now.
>> Can you hear me now? Yes. Clearly.
>> Rahul. Let me take up each of these points. uh you know the first point is that about this club culture there are various reasons which have been given let me start with the one called security which I've been dealing with for so many years and years in the government you know this club existed when the highest threat to the prime minister was there during the JNK terrorism or during uh even the Punjab terrorism uh but there was no problem even in this case the current prime minister has been there for last more than a decade there has been no issue at all. In fact, there is no no security threat at all. That's number one. Number two is when you're talking about an imminent defense establishment at this particular point of time and at this place only one fails to understand what justification you can I understand the power of the government that they can take any land anything for you know public purpose but in a democracy the least you expect is that it gives out the parameters. Okay, these are the kind of things we want to uh uh take up and that's why we want to acquire the land. Number two, this concepts of elitism is really worn out now. Who is not an elite? A four times member of parliament is not an elite.
The ministers who are living in 15 acres of you know bungalows with massive you know constructions and all illegal kind of encroachment. Should they be allowed to stay there?
>> Should should the fourtime MPs be allowed all those facilities? You know we were talking about so many things and what about Rahul the biggest government club called the Ashoka hotel why is it not being privatized so that the the the powerful and and the nas can have their bit in in Ashoka hotel so everyone has his own island where they can you know enjoy and do what they can. Third point, this is not only an elitist culture.
This is also a civic legacy. Mind you, it came out in uh it it came up in 1913.
That's the time when the privileged elite were there, the IC and the IP and the military generals and the Indian and dogs were not allowed. But after 1947, things have completely changed. Now when you talk about membership, every club has rule. Any IPS, I any government officer can apply for the club and any common man can apply for the club. But yes, there is a cue. So if you want to push in one lakh members, what will happen to the status of the club? I understand there is mismanagement. But for the last four or five years, is the government which is managing the place, why couldn't they change the rules?
There were so many people in support that these little little things the wrongs which were there it could have been corrected overnight. Lees yes the whole of Delhi is in perpetual lease. So why are you doing a selective lease scrutiny? We don't mind if you do an audit of the entire leases which have been given by the government and whether they are strictly following the rules.
And my last point, if you have this binary, you know, pitting rich versus the poor and things like that, then I would say I have no objection.
Absolutely. If you turn these 27 acres into a Supreme Court directed stray dog shelter, or number two, a cow shelter, it's a government program. Number three, rehabilitation of the slums or number four the lowest housing. No one will say anything about it if you do that. But if you talk about defense establishment and you know we also know a little bit about these things and security purposes. No, it's a sham. It's a sheer hubris and it's a selective dismantling of a 100-year-old institution.
>> Dr. Rangatan, would you like to take on this question of national security since you invoked it? The prime minister has been there for uh 11 years. His predecessor was there for another what was it 10 years. Before that opposite that club was uh number one Saba Jang road or number two where Indra Gandhi was living and in fact she was assassinated there as you remember and there's a museum. Now >> the point is this that we're being told that the prime minister is shifting to central vista.
>> Yes. So then where is his security under threat if that is the case and therefore could you please explain this national security business that everyone is sort of got their nickers in a twist?
>> Yeah first of all like my good friend Shusant uh disclosed that he uh has benefited from the club. Uh is Mr. Azad also a member of the club? I I wasn't aware is >> okay right? You you did not make that disclosure sir. Anyway, look, it doesn't matter. It's a matter of principle. The point is, can you arbitrarily I'm just arguing this from from the other side.
Now, >> I'm just saying I have a different view, but I'm arguing it from the other side.
And I'm asking a question fundamentally.
>> You suddenly you suddenly give a notice to a particular institution and say wrap up in 10 days or what have you.
>> Uh but you selectively target it. So you do not apply the same yard stick to another institution that is just opposite it >> right >> also on public land >> and that happens to be well as someone has pointed out the Ashoka hotel or let me tell you several other bhavans of the states and so and so forth those are also exclusive clubs. You you also have a situation where in parliament certain people can quaft chicken sandwiches and biryani and god knows what not for extremely >> competitive competitive rates. Uh why should that be the case? And nowhere in the world do any MPs get to live in sprawling bungalows on the either side of the Jim Khana club to be honest and also then walk in through the back door and have their you know whatever.
>> Right. So because I was labeled a pole pot can I answer Kim my good friend because that is exactly what Kims do.
They appropriate government land and they sit on it for decades on end. Uh look all the defense that my two good friends Serin G and Mr. Razad have come up with is what about the other wrong is happening hotel is that the defense of appropriate logical rational people I'm afraid no there should not be government leasing out you know important land to any of these entities two wrongs don't make a right and these are private clubs YOU YOU SIPHON OUT you filter out 99.99% and for you to SAY ANYBODY CAN APPLY. WE KNOW a jawan will have as much chance as getting into daily jamhana as I would as opposed to a general. So don't tell me that your filtration process does not filter that out. Number two, please let us not commit to what two wrongs do not make a right and I'm surprised and disappointed why Mr. Aad is saying hotel you have nothing against exclusivity.
I've said it before. I DON'T KNOW WHY KIM DID NOT HEAR ME.
You're you're reducing this argument only to one point. They made four points actually >> and they and they elaborated on those four points.
>> And no, they didn't.
>> No, no. One second. And where in the world can you appropriate land uh within what is it 8 days without explaining yourself? I'm sorry but most of Delhi is on leaseold.
>> So tomorrow you can walk into anyone's home. Let's walk into one of these Latians Bangalow zones and say let's put the slum hab rehabilitation after all we are burning down JJ clusters so let's put them there what's the big deal that's prime public interest >> so as I started as I started by saying I am not against the notice being sent >> no I'm talking about the legality here I'm talking about leaseold landal can someone just walk in tomorrow and take over someone's leaseold land >> I am not against the legality of it you are talking about >> listen I started by saying I started by saying okay there is a moral argument but at the end of the day it will be tested against the legalities that's it >> there are two aspects to the legality if I may just finish number one the fact that can the government send a legal notice I am saying yes the government it's right >> anyone can this is not a legal notice this is a notice for eviction >> I'm sorry get your terms right this is a notice for eviction it's not a legal notice this is rap and out >> is there a time span given in that thing >> it's been what is the 6th of June or something like that they've said >> is there a minimum is there a minimum time span required that's all I'm saying legally >> no it's not about that you you've been asked to go you've been asked to go this is a decision that has been taken by the government that has stood in as judge and jura I'm just saying I'm arguing this point ago that's a different matter that's a different matter but the point of order and the point of action is that legitimate because tomorrow it is this land tomorrow it could be somebody else is >> yes it should be it is legal people have people have made no hang on there is you're on a banana republic Drangan you're on you're on thin opposite you're on thin legal ice the opposite >> okay one second you're on thin legal ice you've got to accept that fact you may you may have a strong moral argument you may think that you know this is about what about you which it may but >> why are you saying it's illegal why are you saying the notice is illegal please explain to me >> I'll tell you why I'll tell you why perhaps you didn't hear perhaps you didn't hear the lawyer and you will have a stay on this. I'm quite sure. I'll tell you why. Because before you evict someone, you've got to at least get a response, a right of response from that person to say, "Why should I be evicted?"
>> Okay, if that is the law, then the government illegally.
>> I mean, that is the law. I mean, you can't run away from that fact.
>> I mean, even a demolition on an illegal Hang on. Even you know I know some people here are you know fans of the bulldozer of yoga adittity which sometimes develops a mind of its own.
Let's be very honest about that viewers.
Okay. So even if you say there is an encroachment and it's a visible encroachment that person has to be given the right to respond to that encroachment.
>> I'm for it.
>> In this particular case due process according to some has not been followed.
I might be wrong. I'm only quoting what certain people are saying.
>> Exactly.
>> So one second. Susan Sri. Yeah.
>> Okay. Two points. This one. Uh what if they gave a notice earlier and you had a government appointed committee who are cronies of the government >> who refused to respond to that and let it lapse and now the case will be made that we sent the notice the management committee never acted so we are entitled to do this. So this is where I said this is this is a conflict of interest and the government has appointed a committee which is playing the government's game.
Secondly, I am appalled by this logic of what about that Anand is giving because every time the hypocrisy of some people is caught out, they say why are you using what about when I say that you are singling out somebody but you are not doing it to other people you say you are doing what?
I say I by one second an one second now.
I say by all means destroy the Delhi Jim Khana club. Destroy the Bombay Yacht Club. Destroy every single vestage of colonial everything. Please also destroy the civil service institute of India of officers institute >> which is right next door to Delhi Jim Khana. Please destroy the race course.
There is an air force golf club in very very high security area. Why is that there? Why is there a Delhi?
>> Why is there an India?
>> Okay, look, I leave it at this. I've run out of time, gentlemen. I've run out of time. This this conversation is not going to end. Uh we will have another one tomorrow or day after, viewers, whenever the court comes in. I leave it at this. Thank you very much for watching.
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