LAWS(GJH)-2023-1-1704

AHMEDABAD GYMKHANA CLUB Vs. UNION OF INDIA

Decided On January 17, 2023
Ahmedabad Gymkhana Club Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Though matter is listed for admission, learned Senior Advocate appearing for the appellant Mr. Mihir Joshi has submitted arguments on the main appeal extensively and respondents who are on caveat and represented by Mr. Devang Nanavati, learned Additional Solicitor General of India for respondent Nos.1 to 3 has also addressed arguments on main matter. Hence, we have taken up the appeal on merits and disposed of by this order.

(2.) Respondent herein who is the writ applicant was granted land bearing Survey No.109 admeasuring 1.77 acre in the cantonment area of Ahmedabad on lease for a period of 30 years which was renewable upto 90 years by registered lease deed dtd. 12/1/1932. Same was renewed on 1/10/1962 for a further period of 30 years. Thereafter petitioner applied for renewal of lease in 1992 and no formal decision has been communicated to the petitioner in this regard.

(3.) A show cause notice came to be issued on 9/1/2017 by respondent No.2 herein to the appellant alleging writ applicant was carrying on certain activities in violation of the terms of the lease. Said notice was duly replied on 6/2/2017. After few years, i.e. 25/6/2021, petitioner was served with a termination order in furtherance of the show cause notice issued on 9/1/2017 stating thereunder that lease had been terminated on the ground that the activities mentioned therein amounts to commercial use of the club and not bona fide activities of the club and same being in violation of clause 1 (6) of the Lease Deed dtd. 12/1/1932. A representation came to be submitted by the petitioner on 29/6/2021 in response to the termination of tenancy dtd. 25/6/2021. On account of alleged obstruction caused by the staff and officers of respondent No.2, Special Civil Application No.9772 of 2021 came to be filed before this Court, inter alia, for the following reliefs: