Delhi HC says stay cannot be granted after Centre takes possession of Jaipur Polo Ground; lists matter for July 1
New Delhi, June 29
The Delhi High Court on Monday observed that a stay order could not be granted after the Central Government had already taken possession of the 15.20-acre Jaipur Polo Ground in the Race Course area, while hearing a plea by the Indian Polo Association challenging its eviction from the historic sporting venue.
A vacation bench of Justice Vinod Kumar was hearing the Association's petition challenging a sessions court order refusing interim relief in its appeal under the Public Premises (Eviction of Unauthorised Occupants) Act.
The court orally observed, "Once possession has been taken by the government, there is no question of a stay. If you succeed in the appeal, status quo ante will follow."
The Indian Polo Association has challenged the Centre's May 20 eviction order, seeking restoration of possession of the Jaipur Polo Ground, a stay on the eviction order, and directions restraining the authorities from demolishing, digging, uprooting or otherwise altering the polo ground. Alternatively, it has sought reasonable access to carry out routine maintenance and preservation of the turf and related sporting infrastructure.
During the hearing, the court noted that the sessions court's order was not yet available and listed the matter before the roster bench on July 1.
The petitioner urged the court to protect the century-old polo ground from being dug up during the pendency of the appeal, contending that any physical alteration of the internationally recognised turf would render the proceedings infructuous.
When the court sought clarification on the work being carried out at the site, the Central Government submitted that no digging was taking place on the playing turf and that the activity was confined to demarcating the property's boundary.
The court recorded the government's assurance that no activity other than boundary demarcation would be undertaken on the polo ground till the next date of hearing. It also noted photographs placed on record showing holes on the periphery of the ground and orally remarked, "No, you stop it... You are digging up holes."
During the proceedings, the Centre also submitted that the matter involved public interest and national security concerns, including defence installations in the vicinity, and stated that possession of the Race Course, Gymkhana and Jaipur Polo Ground had been taken in accordance with law for public purposes.
The High Court also said it would take up, along with the present matter on July 1, a pending 2016 petition concerning the alleged illegal encroachment of the Jaipur Polo Ground by the Central Government.
— ANI
Reader Comments
I get the legal technicalities - once possession is taken, stay can't be granted. That's basic property law. But what bothers me is the timing. The Polo Association has been there for decades, and suddenly in May they get evicted? And the court is only hearing it in July? That's a lot of time for the "boundary demarcation" to mysteriously turn into something else. The judge's remark about digging holes says it all.
M Michael C (Delhi) As someone who lives near Race Course, I've seen these grounds deteriorating for years. The Polo Association hasn't exactly been a good custodian. But that being said, the government's plan is so vague. Defence installations? Come on - the Army has bases all over Delhi. If it's for something important like a memorial or green space, just say so. This secrecy doesn't inspire confidence. P Priya S (Noida) The court's reasoning is sound - you can't stay something that's already happened. But I hope the July 1 hearing addresses the actual merits. The Polo Association's request for maintenance access is reasonable. If the government wants to use the land, fine, but at least preserve the turf. It's a shame to see historic sporting venues being treated like this. Yeh toh humara heritage hai! 🏏🏑 J Jessica F (Gurgaon) I'm all for development, but this feels off. The Polo Association isn't a fly-by-night encroacher - they've maintained a sporting facility for generations. And the government's response about "public interest" is too vague. If it's truly sensitive security stuff, why not give a general explanation? The judge asking them to stop digging holes shows even the court isn't fully convinced. A We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.