The Delhi High Court has dismissed an application requesting the reopening of the Roshanara Club, a century-old establishment in the city. The club had been sealed and locked by the Delhi Development Authority (DDA) in September.

A division bench, headed by the then Chief Justice Satish Chandra Sharma (currently elevated to the Supreme Court) and Justice Tushar Rao Gedela, rejected the interim application within the petition initiated by club member Manish Aggarwal.

He argued that the Delhi Development Authority's (DDA) act of sealing was unconstitutional and infringed upon the fundamental and statutory rights of the club, its members, and employees.

Additionally, he contested the constitutional validity of Section 3 of The Public Premises (Eviction of Unauthorized Occupants) Act, 1971, asserting that it went beyond the powers granted by the Constitution of India.

The counsel representing the Delhi Development Authority (DDA) informed the court that they are in the process of finalizing a scheme for the efficient operation of the club. The court noted this statement and, accordingly, rejected the plea for interim relief,

The court noted that it is currently addressing the matter related to the operation of the club, with a pending writ petition on the same subject. Consequently, the court stated that no interim order can be issued in the plea put forth by the members of the club.

“Before the Hon’ble Supreme Court also a prayer was made to restore the possession to the Roshanara Club and the relief was not granted in the matter. Now, a petition has been filed by certain persons who are members of the club,” the court said.

The court has now listed the petition along with another plea for hearing on December 07.

On October 6, the court declined to grant relief to the Roshanara Club and instructed the Delhi Development Authority (DDA) to formulate a scheme for the administration of the club. The court did not order the return of possession to the former management of the club.

Subsequently, on October 19, the Supreme Court dismissed the plea from the Roshanara Club's management seeking the restoration of possession of the premises to them.

“Therefore, at this stage, it not necessary for us to interfere with the directions issued in paragraph '10' as the same are not final. The High Court will hear the parties on the scheme before issuing the directions in terms of paragraph '10'. With the above clarification, the present special leave petition is dismissed,” the Apex Court had said.

Case Title: SH. MANISH AGGARWAL v. THE ESTATE OFFICER & ORS.

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