New Delhi: Pointing out that central govt was already in possession of the premises, Delhi High Court Monday declined to pass any stay order in connection with the use of the 15.2-acre Jaipur Polo Ground in the Race Course area.The court was hearing an urgent plea by Indian Polo Association raising apprehension of digging of the turf during the pendency of their appeal against their eviction from the premises. A vacation bench of Justice Vinod Kumar also highlighted that the sessions court’s order, against which the association had come to HC, was also not available as a copy is awaited. The court listed the petition before the roster bench on July 1.“Once possession has been taken by govt, there is no question of a stay. If you succeed in the appeal, status quo ante will follow,” the court said, even as the govt counsel assured the bench that only a demarcation exercise was being carried out for raising a boundary and nothing was being done to the turf where the sport is played.The senior counsel appearing for the petitioner urged the court to protect the polo ground from being dug up in the meantime, else the appeal against the eviction order, pending before the sessions court, would become infructuous.He alleged that the authorities were “completely destroying” the polo ground’s turf, which was of international standard. “Let the order come. What is the tearing hurry to dig up the ground? It is a 100-year-old turf. They should not dig up the ground till July 1,” the senior lawyer argued.Additional solicitor general Chetan Sharma informed the high court that govt wanted to take possession of Delhi Race Course, Gymkhana Club and the polo ground for public purpose, including defence installations. “Once possession has been taken by govt, where is the question of status quo ante?” he submitted.In its petition, Indian Polo Association assailed a June 18 order of the sessions court, rejecting its interim application seeking restoration of possession of Jaipur Polo Ground, stay of enforcement and execution of the May 20 eviction order and a restraint against demolition, uprooting, digging, disturbing or altering Jaipur Polo Ground.In the alternative, the petitioner had sought reasonable access for routine maintenance, preservation and upkeep of the polo turf and associated sporting infrastructure.It said the authorities had already taken possession of Jaipur Polo Ground during the pendency of the appeal and commenced “irreversible activities” like digging, uprooting and other physical alteration of the land and the turf, which would render the matter infructuous.“Any excavation, digging, construction activity, disruption of irrigation, uprooting of grass cover, compaction by heavy machinery, or levelling without turf supervision will cause irreversible damage to the ground, permanently impair the premises as a polo ground and defeat the subject matter of the appeal,” said the plea.
