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1997 DIGILAW 97 (SC)

Baljit Singh Malik v. Delhi Golf Club

1997-01-21

J.S.VERMA, S.C.SEN

body1997
JUDGMENT : 1. Learned counsel for the Archaeological Survey of India (ASI) submits that only one ancient monument known as Lal Bangla in that area is declared as a 'National Monument' and, therefore, the ASI is responsible only for the proper preservation, etc. of the Lal Bangla, while the remaining ancient monuments are the responsibility of the Department of Archaeology of the Government of N.C.T. of Delhi. For this reason, we direct issue of notice to the Government of N.C.T. of Delhi. 2. The submission of Shri Muralidhar, learned amicus curiae is that the lease in favour of the Delhi Golf Club had expired on 31.12.1990 and the same was renewed for a period of 20 years on 20th July, 1994, with retrospective effect to cover the period of the gap after the date of its expiry. He also states that the renewal of the lease is on unusual terms which confer extraordinary benefits to the Delhi Golf Club and thereby result in distribution of the State largess arbitrarily to the Delhi Golf Club. He also states that undue favour to the Delhi Golf Club is also evident from the fact that the arrears of property taxes alleged to be due from the Delhi Golf Club upto the year 1995 are approximately Rs. 4.5 crores. He submits that these and other extraordinary benefits granted to the Delhi Golf Club at public expense and to public detriment result from the fact that many of the persons entrusted with the task of taking decisions in such matters being members of the Club appear to be interested in the same. 3. In our opinion, it would be more appropriate to examine the above submissions made by the learned amicums curiae in the light of specific instances which may be given in writing, after taking the response of the Delhi Golf Club and the concerned authorities to the same. 4. Shri Shankardas, learned counsel for the Delhi Golf Club assures us that the authorities of the Club would ensure in the meantime that if there be any legitimate dues remaining to be paid by the Club under any head, the same would be paid promptly. He adds that according to his instructions the Club has not been remiss in the performance of this duty and the office bearers are alive to their responsibility in this behalf. 5. He adds that according to his instructions the Club has not been remiss in the performance of this duty and the office bearers are alive to their responsibility in this behalf. 5. Shri Muralidhar submits that he will file in writing the specific issues for consideration with reference to the submissions made by him within two weeks. Response be filed by the concerned authorities on the other side within two weeks thereafter. 6. List on 18th March, 1997.