No stay on Jaipur Polo Ground eviction as govt has possession: HC

The Delhi HC observed that a stay could not be granted in the Jaipur Polo Ground case as the Centre already took possession. It recorded the govt’s assurance not to dig the turf and listed the matter for July 1.

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 (IPA) 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.”

Polo Association’s Plea

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.

Court Intervenes on Ground Work

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.”

National Security Concerns Raised

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)(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)

Add Asianet Newsable as a Preferred Source

Leave a Comment