New Delhi [India], August 21 (ANI): The Delhi High Court on Friday dismissed a petition filed by the Jockey Association of India challenging the eviction order passed against the Delhi Race Club, holding that the Association is not a lessee and has a specific statutory remedy available against the eviction order.
Standing Counsel Ashish K Dixit, appearing for the Central Government, opposed the plea at the outset, arguing that the Jockey Association had no locus to challenge the eviction order.
Dixit submitted that the eviction order passed by the Estate Officer was appealable before the statutory appellate authority and, therefore, the Association could not directly invoke the writ jurisdiction of the High Court.
He further argued that the Association was neither a lessee nor a party to the lease and that there was no privity of contract between the government and the Association. He therefore contended that the writ petition was not maintainable.
The Central Government had issued an eviction notice to the Delhi Race Club in March on the ground that there was no valid lease in favour of the Club. Subsequently, the Centre approached the Estate Officer seeking eviction of the Club from the premises.
After hearing the parties, the Estate Officer passed an eviction order on August 11, directing the Delhi Race Club to vacate the premises within 15 days.
The Jockey Association of India thereafter approached the High Court challenging the eviction order, contending that the proposed eviction would directly affect jockeys and horses associated with the Club.
Senior Advocate Vikas Singh, appearing for the Association, submitted that the Association and its members were directly affected by the eviction order. He argued that the Association was concerned with the welfare of the horses, many of which had been staying at the Delhi Race Club for around 20 years.
Singh submitted that the eviction would disrupt the facilities available for keeping, training and exercising thoroughbred horses and would adversely affect persons dependent on the racing ecosystem.
Justice Harish Vaidhyanathan Shankar, after hearing the parties, held that the petitioner Association was not a lessee and noted that the Delhi Race Club had already preferred a statutory appeal against the Estate Officer’s eviction order before the competent appellate authority.
The High Court held that a specific remedy was available under law and that the Association’s attempt to invoke the writ jurisdiction of the Court was misconceived. Accordingly, the court dismissed the petition filed by the Jockey Association of India. (ANI)
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