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    WP 7272 of 2022

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    Jammula Yogitha
    The Delhi High Court dismissed a petition challenging the termination of membership at the DDA Sports Complex. The petitioner claimed his membership was cancelled without due process as he could not pay fees during the COVID-19 closure of the complex. However, the court accepted the DDA's arguments that it had informed the petitioner of outstanding dues via email and letter, and warned non-payment would result in cancellation. As the petitioner did not prove the cancellation violated any rules, the court dismissed the case as the petitioner had no right to challenge the termination.

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    WP 7272 of 2022

    Uploaded by

    Jammula Yogitha
    14 views2 pages
    The Delhi High Court dismissed a petition challenging the termination of membership at the DDA Sports Complex. The petitioner claimed his membership was cancelled without due process as he could not pay fees during the COVID-19 closure of the complex. However, the court accepted the DDA's arguments that it had informed the petitioner of outstanding dues via email and letter, and warned non-payment would result in cancellation. As the petitioner did not prove the cancellation violated any rules, the court dismissed the case as the petitioner had no right to challenge the termination.

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    judgment report

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    The Delhi High Court dismissed a petition challenging the termination of membership at the DDA Sports Complex. The petitioner claimed his membership was cancelled without due process as he could not pay fees during the COVID-19 closure of the complex. However, the court accepted the DDA's arguments that it had informed the petitioner of outstanding dues via email and letter, and warned non-payment would result in cancellation. As the petitioner did not prove the cancellation violated any rules, the court dismissed the case as the petitioner had no right to challenge the termination.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    14 views2 pages

    WP 7272 of 2022

    Uploaded by

    Jammula Yogitha
    The Delhi High Court dismissed a petition challenging the termination of membership at the DDA Sports Complex. The petitioner claimed his membership was cancelled without due process as he could not pay fees during the COVID-19 closure of the complex. However, the court accepted the DDA's arguments that it had informed the petitioner of outstanding dues via email and letter, and warned non-payment would result in cancellation. As the petitioner did not prove the cancellation violated any rules, the court dismissed the case as the petitioner had no right to challenge the termination.

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    of 2

    Delhi High Court dismisses plea to issue Mandamus to DDA Sports Complex over

    wrongful termination of membership

    Justice Subramonium Prasad dismissed a plea for mandamus filed by an Advocate challenging
    the termination of his membership at the DDA Sports Complex, Delhi citing that the authorities
    had not wrongfully terminated the said membership.

    Facts & History of the Case


    The petitioner was a member of DDA Sports Complex, regularly paying the subscription fee.
    Due to COVID-19 outbreak, in light of the directions by the Government, the Sports Complex
    was closed. The petitioner could not avail the facilities of the Sports Complex during April –
    March 2022 as he had contracted COVID. Post recovery, the Petitioner visited the Sports
    Complex only to find out that his membership was cancelled due to non-payment of subscription
    fee.

    On that the Petitioner issued a legal notice to the DDA and filed a petition before the Delhi High
    Court.

    It was the contention of the Petitioner that his membership was cancelled without following due
    procedure established by law, as –
    - he could not pay subscription fee due to the Sports Complex being shut down due to
    COVID – 19 outbreak and
    - he was not informed of the arrears, prior cancellation of the subscription.

    Mr. Ashim Vacher, Standing Counsel for the DDA submitted that –
    - an email was sent, informing the petitioner and other concerned authorities at the DDA of
    the arrears in subscription fee
    - a letter was also sent to the Petitioner informing him regarding the dues, and that non-
    payment would lead to cancellation of membership.
    - Further, the DDA had not announced a waiver of subscription fee upon closure of the
    Sports Complex due to COVID – 19 outbreak.
    - In Dr. Rai Shivendra Bahadur vs. Governing Body of Nalanda College, Bihar Sharif and
    Others, AIR 1962 SC 1210 it was held that a writ lies only where there is right, and
    without a right, a writ is not maintainable.

    Held
    In view of the above, and given that the petitioner had not brought on record any substantial
    material suggesting that the cancellation of his membership was in violation of the rules/bye-
    laws of the Sports Complex, the petition was dismissed.

    Case - NITENDRA SHARMA versus UNION OF INDIA & ORS

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