Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4924 OF 2011 [Arising out of SLP [C] No.4595/2007]

Krishan Lal Gera ….... Appellant

Vs.

State of Haryana & Ors. …... Respondents

J U D G M E N T

R.V.RAVEENDRAN, J.

Leave granted.

2. Nahar Singh Stadium at Faridabad is stated to be situated in a land  

measuring about 38 acres belonging to Faridabad Municipal  Corporation.  

The  stadium  was  constructed  and  was  maintained  by  the  District  

Administration through the District Sports Council. It consisted of a Cricket  

Stadium with North and South Pavilions, a football  ground, a basket ball  

ground  and  an  athletics  ground  and  large  vacant  grounds.  The  cricket  

stadium has  been  the  venue  for  some occasional  Ranji  Trophy  matches,  

Dileep  Trophy  and  Irani  Trophy  matches  and  occasional  One  Day  

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Internationals (ODIs.). It is stated that the District Sports Council and the  

District Cricket Association which occasionally used the Cricket Stadium,  

found  it  difficult  to  maintain  the  stadium  complex  on  account  of  the  

infrequent use of the stadium facilities and frequent vandalism by miscreants  

and anti social elements. As a result the dressing rooms and toilets required  

frequent  renovation  before  every  match.  Electric  fixtures  and  sanitary  

fittings which were being frequently stolen had to be replaced repeatedly.  

3. In this background, the District Cricket Association (‘DCA’ for short)  

on 31.12.1997 decided to form a club that could generate income for the  

District Cricket Association, so that the Association could have the funds to  

maintain  the  cricket  stadium including  the  cricket  ground,  main  pitches,  

practice pitches, dressing rooms and the Hostel of Haryana Cricket Nursery,  

in a proper manner. It was decided that the existing members of the District  

Cricket  Association  would be  its  founding members  and the  club would  

cater  to  the  requirements  of  the  citizens  of  NIT  area  of  Faridabad,  by  

providing  facilities  like  lawn  tennis,  badminton,  table  tennis,  billiards,  

swimming pool, gymnasium and a card-room, T.V. lounge and a Bar and  

Restaurant.  In pursuance of it,  the DCA Club was registered as a society  

under the Societies Registration Act, 1860 on 29.4.1998 with the Registrar  

of Firms and Societies, Haryana. The main aims and objects of the DCA  

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Club under its Memorandum of Association were inter alia to (i) promote  

sports, cultural, literary and recreational activities for its members and foster  

the spirit of brotherhood and fraternity; (ii) undertake activities relating to  

promotion  of  sports  in  all  fields  with  special  emphasis  on  cricket,  (iii)  

encourage and help upcoming sports persons of Haryana.  It  provided for  

Chief Patrons/several Patrons and three categories of members (i) Honorary  

Members  (eminent  personalities),  (ii)  Foundation  Members  (with  voting  

rights), and (iii) Associate Members (without voting rights). The President  

of the DCA was to be the President and the Senior Vice Presidents and Vice  

Presidents  of  DCA  were  to  be  the  Senior  Vice  Presidents  and  Vice-

Presidents of the DCA Club.  

4. On the request of DCA club (fourth respondent), the District Sports  

Council, Faridabad, under lease deed dated 26.8.1998 granted a lease of the  

Kapil  Pavilion (that  is  South Pavilion Building measuring 784 sq.yds.  as  

well as the open area in front of the South Pavilion measuring 5713 sq. yds.)  

in all 6497 sq.yds, for a period of 99 years, in favour of DCA Club on a  

token annual  rent  of Re. one per  year.  The lease was for the purpose of  

establishing,  running and maintaining  a  club  and related  activities  which  

were  lawfully  permissible.  The  lease  deed cast  the  following obligations  

upon the lessee :

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(i) The  lessee  shall  not  carry  out  any additions  and alterations  in  the  building except construction of play fields in the open area and any portion  covered under the stadium stairs opening in the open area earmarked in the  Schedule without the permission of the President, District Sports Council in  writing. (vide clause 6)   (ii) The lessee shall not sublet or transfer his rights under this lease. (vide  clause 10)

(iii) The building and the land attached to the building shall not be used  for any other purpose except the purpose for which lease has been made and  for no other purpose. (vide clause 11)  

The lease deed contains  certain inconsistent  clauses.  The preamble states  

that  “the  lessor  has  agreed  to  grant  the  lessee  a  temporary  use  and  

occupation of the said building for establishing, running and maintaining a  

club”. Clause (1) stated that lease was “for a period of ninety nine years”.   

Clause (4) stated that the “lease is irrevocable unless it is terminated by the   

lessor on breach of the conditions or term of the lease by the lessee”.

5. It is not in dispute that the ‘open area’ of 5713 sq.yds. (situated to the  

South and East of the South Pavilion) leased to DCA club comprises the  

cricket practice pitches, Badminton Courts, Lawn Tennis Courts, Swimming  

Pool (situated to the East of the Pavilion) and a large vacant ground (situated  

to the South of the Pavilion).  

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6. Though the object of establishing the DCA club was to run a club and  

provide funds to DCA to maintain the cricket stadium, contrary to the terms  

of the lease, on 15.12.2003, the DCA Club granted a licence in regard to the  

lawn  area  (that  is  the  open  space  to  the  South  of  the  Pavilion  without  

specifying the exact extent) in front of the Kapil Pavilion to ‘Modern Tent  

House’ on a monthly rent of Rs.15,000 with a ten percent increase every two  

years. The said agreement stated that the “period of hiring” was six years,  

and the purpose was to host ‘parties’. Though the agreement purports to be a  

licence, the terms make it clear that it is in fact a lease.  

7. The appellant herein filed a public interest litigation in the year 2006  

before the Punjab & Haryana High Court, alleging that instead of using the  

leased premises which is part of the stadium complex, for sports and sports  

related activities, it was being used for illegal activities; that the club had  

become an adda (den) of gamblers; that though clause 10 of the lease deed in  

favour of the club barred subletting or transfer of the premises in violation  

thereof, the premises had been sub-let to the Modern Tent House under the  

guise of a licence; that the licensee Modern Tent House in violation of the  

lease terms constructed several permanent structures including pandals and  

rooms  (for  godown,  generator  etc.)  and  the  entire  area  is  in  bad  shape  

because  of  the  lack  of  maintenance;  and  that  Modern  Tent  House  was  

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permitted to use the entire open area of 5713 sq.yds, instead of only the lawn  

area to the South of the Pavilion. It was next alleged that the swimming pool  

constructed by the DCA Club had been given on a fifteen year lease to M-n-

M Pool and Spa Services at a throwaway rent on 22.5.2004, implying that  

other  amounts  were  received by the committee  members,  which was not  

being accounted. It was alleged that the funds were misused by the corrupt  

members of the Executive Committee who were least interested in fulfilling  

the objects  of  the club.  The appellant  therefore prayed for a direction to  

respondents 1 to 3 (State of Haryana, Deputy Commissioner, Faridabad and  

Faridabad  Municipal  Corporation)  to  (a)  cancel  the  sub-lease/licence  of  

Kapil  Pavilion  and  the  open  area  in  front  of  it  under  the  Deed  dated  

15.12.2003  and  also  cancel  the  sub-lease/licence  of  the  swimming  pool  

under  contract  dated  22.5.2004;  (b)  to  stop  the  usage  of  premises  for  

purposes  of  private  functions,  gambling  and  illegal  activities  etc.;  (c)  to  

dissolve  the  DCA  Club  (fourth  respondent)  and  take  action  against  its  

members and recover the loss of revenue from them and other consequential  

reliefs.  

8. The petition was resisted by respondents  on several  grounds.  They  

denied  the  allegation  that  any  illegal  activities  were  carried  on  in  the  

premises. It was pointed out that the reliefs have been sought in regard to the  

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portions given to Modern Tent House and M-n-M Pool and Spa Services  

without impleading them as parties; and that the pool had been given to said  

M-n-M Pool and Spa Services on build, operate and transfer contract.  

9. A  Division  Bench  of  the  High  Court  which  heard  the  petition,  

dismissed  the  petition  by  a  single  line  order  on  29.1.2007  :  “No public  

interest  is  involved  in  this  petition.  Dismissed.”  Aggrieved  thereby,  the  

appellant has filed this appeal. Relying upon the decision in  Jayalalitha v.   

Government of Tamil Nadu [1999 (1) SCC 53], the appellant contends that a  

public interest litigation was in fact maintainable in the event of a stadium  

intended  for  public  use,  meant  for  sports  activities  was  misused  or  not  

properly maintained.

10. This Court on 30.11.2009 had restrained the respondents from further  

leasing the premises. On 15.12.2009 this Court directed the respondents to  

file a statement in respect of the activities of the club. In  response  to  the  

said direction the Executive President of the DCA club has filed an affidavit  

dated 21.9.2010 on behalf of respondents 1 and 2. It is stated therein that  

Nahar Singh Stadium and adjoining areas are being used for the following  

sports activities : (a) cricket; (b) foot ball; (c) lawn tennis; (d) badminton; (e)  

table tennis;(f) billiards; (g) swimming; (h) athletics/Gymnasium. It is stated  

that the premises has a bar room, restaurant, card room and TV lounge and  

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that about one acre of land which is outside the stadium, which had been  

earlier given to Modern Tent House, is being co-managed with Hotel Raj  

Mahal Regency.  

11. After the hearing was concluded, the fourth respondent (DCA Club)  

has filed written submissions disclosing that the DCA Club had entered into  

an  MOU  dated  30.6.2010  with  Hotel  Raj  Mahal  Regency  for  co-

management of the Club. The copy of the Memorandum of Understanding  

dated  30.6.2010  produced  as  an  annexure  to  the  written  submissions  

disclosed that DCA Club has entrusted the Kapil Pavillion and the open area  

in front of it for five years to Hotel Rajmahal Regency, “for managing the  

Bar and Restaurant and provide tentage, and holding parties/functions on the  

lawns and manage the other activities like Gymnasium, Billiards and Tennis  

etc”. Hotel Rajmahal Regency is required to pay to DCA Club Rs.35,000/-  

plus  taxes  per  every  “big  function”  using  the  party  lawn  apart  from  

Rs.25000/- towards average monthly electricity charges. The licensee was  

required  to  invest  Rs.25  lakhs  (non-refundable)  for  renovation,  air-

conditioning, furniture and fixtures and interiors to improve the ambience of  

the club. This arrangement entered by DCA Club on 30.6.2010 is in clear  

violation of the interim order of this Court dated 30.11.2009. Be that as it  

may.  

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12. The  written  submissions  also  allege  that  the  DCA  Club  has  been  

acting  as  a  “support  base”  for  cricket  and  other  sports  activities  by  

maintaining  the  day  and  night  practice  pitches  outside  the  stadium,  

maintaining  the Lawn Tennis  Courts,  Badminton Courts,  swimming pool  

and gymnasium, helping in maintaining the entire cricket stadium including  

the main ground, practice pitches, main pitches, dressing room, the North  

Block which houses the hostel of Haryana Cricket Nursery and providing  

regular security to the whole stadium area. It was submitted that the DCA  

Club is in lawful possession of the premises (measuring 6497 sq.yds., that is  

open area of 5713 sq.yds. and pavilion area of 784 sq.yds.)  and working  

towards  sports  development,  cultural  development  fraternity,  talent  

promotion  within  the  framework  of  statutory  requirements  and using the  

club  as  well  as  the  open land  allotted  to  it  for  the  purpose  of  activities  

relating to sports and games.

13. We have referred to  the  facts  to  demonstrate  that  there  have  been  

several irregularities by the District Administration (District Sports Council)  

in granting arbitrarily a largesse to DCA club etc., in the form of a long term  

lease at an annual rent of Rs.1/-, and use of a Sports Stadium, for non-sports  

commercial activities. The matter required consideration. Unfortunately, the  

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High Court  chose  to  dismiss  the  petition  in  limine and thereby failed  to  

exercise its jurisdiction.  

14. What we find in this case is the common malaise found in various  

parts of the country in regard to sports stadia and sports facilities. Firstly,  

inadequate and inappropriate use. Secondly, poor maintenance. Thirdly, lack  

of access to students, public, athletes and sports persons. A huge tract of  

valuable land belonging to the local authority was earmarked exclusively for  

sports activities by constructing a stadium. The pavilions were intended to  

be  used  for  sports  related  activities.  Unfortunately,  the  District  Sports  

Council instead of encouraging sports and developing the entire area into a  

thriving and vibrant stadium for various sports and sportsmen, has pushed  

sports activities into the background by converting the pavilion into a club  

with a bar room, restaurant, card room and developing the open space meant  

for sports activities into a party lawn for functions/marriages. This is done  

by granting a 99 year lease of a prime area of the stadium measuring 6497  

sq.yds. (that is, the entire south pavilion building measuring 784 sq.yds. and  

the open area of about 1.25 acres) for a paltry rent of Re.1 per annum. The  

stadium and infrastructure therein are meant for the benefit of the people.  

Sports  promote  health,  spirit  of  competition,  and  social  integration.  The  

sports facilities in the Stadium are meant to be used by residents and sports  

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persons  of  the  city/town  and  surrounding  areas.  The  prime  area  of  the  

stadium cannot be taken over by persons in power and the rich and mighty  

for an elitist recreational club by paying a token annual rent of Re.1. The  

affidavit shows that in the leased area sports activities are not encouraged  

and the entire leased area is used for commercial activities: bar, restaurant,  

party hall and party lawn. This Court sought the particulars and details to  

know the activities conducted. The affidavit in reply dated 21.9.2010 filed  

by DCA Club vaguely states that it is being used for the activities of cricket,  

lawn  tennis,  badminton,  billiards,  swimming  pool,  gymnasium,  football,  

athletics. This is obviously false as the football ground and athletics ground  

are outside the area leased to the DCA Club. The cricket stadium is also  

outside the area leased to DCA Club. It is not disclosed who is maintaining  

the cricket stadium, football field, basket ball field, athletic tracks etc., and  

whether cricket, football, basketball are regularly played, by whom and at  

what level; whether the infrastructure and facilities for playing these games  

are available; who is permitted to play tennis, badminton; who is permitted  

to use the swimming pool;  and who is running the gymnasium and what  

kind of equipment is available and who are entitled to use it. The District  

Administration (District Sports Council headed by the Dy. Commissioner)  

and the State have not bothered to answer any of these issues even before us.

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15. Whenever  nepotism,   favoritism  and  unwarranted  government  

largesse to private interests, threaten to frustrate schemes for public benefit,  

it is the duty of High Courts to strike at such action. The stadium is meant  

for  improving and developing  sports  and sports  persons.  But  slowly  and  

steadily  these  are  ignored by  stating  that  the  funds are  not  available  for  

maintenance or people are not coming to use the facilities.   The standard  

refrain is that a part of the stadia or sports facility can be used for non-sports  

activities  generating funds for the upkeep of  the stadium. In no time,  an  

exclusive recreational club is established for those in power, those who have  

access to power and those who can afford to pay hefty sums to access the  

facilities by way of membership. Thus valuable state resources meant for the  

general  public,  for  the  poor  and  the  needy  who require  the  facilities  to  

improve themselves, are denied access and the entire facility becomes the  

domain of a chosen few.  What started as a multipurpose stadium for the  

benefit  of citizens become partly a private  recreational  club and partly  a  

neglected unused  stadium.  What started as a club then goes into private  

hands for commercial  exploitation for a hotel or for conducting marriages  

and other functions.  The only “sports” activity regularly held is  in  the  card  

room.   Unfortunately,  all  this  is  done  under  the  nose  of  the  District  

Administration, in a  centrally located  property  belonging to the Municipal  

Corporation  and  controlled  by  District  Sports  Council.  Creating  a  sports  

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ground, encouraging sports is a part of human resource development which  

is the function of the State. No part of the stadia or sports grounds can be  

carved out for non-sport or commercial activities to be run by recreational  

club or  by private  entrepreneurs.  Recreational  clubs are not  sports  clubs.  

Nothing prevents the Municipal Corporation or District Administration from  

running  these  sports  facilities  either  directly  or  through  registered  

associations  without  any  restriction  as  to  membership.  After  all  human  

resource development and the health and welfare of the citizens is one of the  

main  functions  and responsibility  of  governments.  We fail  to  understand  

why  the  Government/  Municipal  Corporation  failed  to  allot  funds  and  

maintain the sports facilities; why sports facilities created at huge costs are  

not used or made available as sports grounds to the colleges and schools;  

why  a  large  chunk  of  the  stadium  complex  (measuring  6497  sq.yards)  

including a huge building meant to be a sports pavilion is let out for 99 years  

on a rent  of Re.1/- per  year,  without inviting tenders;  and why were the  

sports facilities permitted to be converted into a club house, marriage hall  

and  party  lawn  for  private  functions.  The  State  and  its  instrumentalities  

should wake up to their responsibilities in regard to the citizens and youth of  

this country, in regard to human resources development.  

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16. The  country  requires  world  class  infrastructure  to  train  potential  

athletes and sportspersons. It is not sufficient if infrastructure is created, but  

such infrastructure and facilities should be properly maintained and optimum  

utilization  of  the  infrastructure  should  be  ensured.  The  Parliamentary  

Standing Committee on Human Resources Development has noted thus in  

the 185th Report on Promotion of Sports in India (laid on the Table of Lok  

Sabha on 30.11.2006):

“Under-utilisation of infrastructure

5.12     Optimum utilisation of our existing sports infrastructure has also  been one of  areas of  concern before the Committee.  We have erected  huge stadia and other sports infrastructure in the metros and cities, which  are used only when national or international tournaments take place. For  the rest of the period, stadia remain unutilized or are rented out for cultural  programmes and other non-sporting events. The public at large generally  does not have access to such huge stadia. A lot of money is being spent on  their maintenance including security.  Sports Federations and other bodies  having  offices  there,  do  not  pay  the  rent  also.  Besides,  excellent  infrastructure is created in different States by way of organizing National  Games there.  The Committee came to know that these generally remain  idle most part of the year and States found it difficult to maintain.  The  Committee finds it ironical that on the one hand, we suffer from massive  lack of infrastructure and on the other hand, our infrastructure remains un- utilized or under-utilized.  This is an unfortunate situation that needs to be  corrected.  The Committee strongly recommends to have a plan prepared  for  this  purpose  in  consultation  with  all  the  State  governments,  Federations, Sports Authority of India, etc. for putting our infrastructure to  maximum use”.

17. A  sports  complex  cannot  be  converted  into  a  Recreation  club.  

Recreational  clubs usually  have provisions for  recreation  with swimming  

pool, tennis, badminton, table tennis (indoor and outdoor sports), restaurant  

with bar,  and lounges and areas for  gathering,  interaction,  and functions.  

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Merely because a recreational  club has provision for some sports activity  

like badminton or tennis, it does not become a sports club. Nor can a sports  

stadium belonging to the government with special infrastructure created for  

sports, athletes and sports persons can be converted into a recreational club.  

Nor can a stadium complex be used for non-sporting recreational activities  

or for holding marriages and other functions, unless it had been planned in a  

manner  providing  for  a  recreational  club.  Persons  experienced  in  sports  

administration  and  sportspersons  should  manage  the  stadia  and  not  the  

Managing Committee of the recreational clubs.  

18. We may also note at this juncture the difference between exclusive  

sport stadia and multi-purpose community arenas. Multi-purpose community  

arenas  can  be  used  for  sport  activities,  community  meets,  and  also  for  

holding public or entertainment events. They ensure frequent use, optimum  

utilization and earning of adequate revenue to meet the cost of maintenance.  

If stadia have to be converted into a multi-purpose arena,  then necessary  

provision  should  be  made  to  ensure  that  the  use  for  public  events  or  

entertainment events does not affect the usefulness of the arena for sports.  

With adequate planning, constant  maintenance,  multi-purpose arenas may  

generate better income from non-sports activities which can be ploughed for  

its  maintenance  and upkeep of  the  arena and development  of  sports.  All  

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sports facilities cannot be converted into multipurpose arenas.  The object of  

these observations is not to encourage conversion or use of sports stadia into  

multipurpose community arenas or to approve the practice of using sports  

stadia  for  non-sports  activities  or  for  public  functions  or  entertainment  

events.

19. If a chunk of a Government stadium, being prime land in the heart of  

the city  meant  for developing sports  and athletics  is  misused or  illegally  

allowed to go into private hands, it cannot be said that no public interest is  

involved. While the High Courts are not expected to take policy decisions in  

regard to sports administration and infrastructure, nor expected to supervise  

the  running  of  the  sports  stadia,  they  are  bound to  interfere  and protect  

public  interest  when  blatant  misuse  is  brought  to  their  notice.  The  High  

Court should direct the concerned authorities to perform their duties and take  

action in regard to the irregularities, omissions and negligence, so that the  

interest of the public, particularly human resources development, could be  

protected. Lack of commitment to the cause of sports has ensured that India  

remains  at  the  bottom rungs  of  any  international  sports  event,  though it  

boasts  of  one  sixth  of  world  population.  Development  of  sports  

infrastructure does not mean spending hundreds of crores for infrastructure  

for some international event and then allowing the entire infrastructure to go  

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waste,  but  to  ensure  continuous  and  effective  use  of  those  facilities  and  

provide  adequate  maintenance  and  upkeep.  Basic  sports  infrastructure  

should  be  made  available  at  village,  taluka  and  district  levels  and  there  

should  be  a  comprehensive  plan  for  optimum utilization  of  the  facilities  

already  available  so  that  they  are  accessible  to  sportspersons.  The  

government cannot allow sports facilities and sports bodies to be hijacked by  

persons totally unconnected with sports for private gain or for the benefit of  

an  exclusive  few.  State  of  Haryana  prides  itself  in  giving  importance  to  

sports. We do hope that the state administration realizes the needs of the  

society  and  the  need  for  improving  sports  as  an  integral  part  of  human  

resources development. Participation in sports and sport competitions builds  

patriotism and national pride, apart from other regular benefits.

20. In  this  behalf  we  may  refer  to  the  following  passages  from draft  

Comprehensive Sports Policy drawn up in 2007. Dealing with playgrounds,  

it stated :  

“As  regards  the  provisioning  of  space  for  playgrounds  and  the  preservation  of  existing  playgrounds,  the  National  Sports  Policy  1984  emphasized  the  importance  of  this  and  recommended  legislation,  if  necessary, to secure this objective. No such legislation has been brought  on the statute books and, in the meanwhile, the use of existing open spaces  for purposes other than sports and games, as also the severe shortage of  land for sports and games, especially in urban areas, has become a serious  issue calling for rectificatory action. It may be particularly noted that the  seventh Survey has underlined the decline in schools of 5-9% between  1978  and  2002 in  playfields  and  access  to  outside  sports  facilities.  In  

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contradistinction,  China, which has emerged as a leading-edge sporting  nation over the past few decades, has 37 per cent of its population, which  comes  to  about  480  million  citizens,  actively  participating  in  physical  education  and sports  activities.  There  are  over  3,50,000 popular  sports  instructors. Even as far back as the year 2000, for which information is  readily  available,  China  had  over  40,000  grassroots  level  sports  associations, 3854 urban community associations, 2000 community sports  institutions,  and  over  1,00,000  part-time  sports  instructors,  besides  an  incredible  6,20,000  sports  facilities  spread  across  the  country.  Even  a  small  country  like  Cuba,  whose  population  of  about  11.5  million  is  comparable to that of NCT Delhi, boasts approximately 2 million athletes,  of  whom 23,000 are  in  the  high performance  category  in  38  different  sports disciplines at the national and international level.”        

The draft  policy pointed out  following deficiencies in the existing sports  

management :

• “access  to  sport  and  physical  education  opportunities  still  remains  highly inadequate,  especially  in  rural  areas  and the  poorer  parts  of  urban areas; and as a consequence, the levels of participation in sport  and physical education at home, school, college, the community level  and the workplace are abysmally low;

• the participation of girls and women in physical education and sports  is far below that of boys and men;

• persons with disability have hardly any access to sporting facilities and  most of the sports infrastructure is not disabled friendly;

• indigenous sports and games need to be brought centre-stage in the  promotion of a national sporting culture;

• education  remains  highly  academic-centric  with  a  definite  trend  towards reducing school sports and extra-curricular sports;

• India’s  performance  in  international  sport  needs  to  be  significantly  enhanced through a holistic and sportsperson centred cradle-to-grave  sports policy;

• to  this  end,  and within  the  framework of  the  Olympic  Charter,  the  Sports  Authority of India,  the Indian Olympics  Association and the  National  Sports  Federations  need  to  be  revamped,  rejuvenated  and  reoriented to function in an open, democratic,  equitable,  transparent  and accountable manner;

• as there is too much concentration if resources and public support on  too  few team sports  like  cricket,  there  is  need  to  popularize  other  sports, especially medal-intensive individual sports disciplines such as  athletics, gymnastics and swimming;

• sports medicine and sports science need particular attention;

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• the  scientific  and  technical  support  systems  for  high  performing  athletes are insufficient;”     

The draft policy spelt out the following solution :

“The Policy aims at adopting a holistic approach to sports development  taking  into  account  the  health  benefits,  recreation  benefits,  educational  benefits, social benefits, economic benefits and source of national pride  that it offers. This would require a realignment of responsibilities between  the Union and State Governments,  on the one hand, and, on the other,  between  Government  and  the  Indian  Olympics  Association,  the  Sports  Authority  of  India,  the  National  Sports  Federations  and their  affiliated  bodies at the state and district level,  and corporate bodies. This in turn  might  require  Constitutional  changes  and  the  elaboration  of  a  suitable  legal  framework. The Policy shall  endevour to  achieve a shared vision  amongst all stakeholders that would be realized through convergence of  their efforts. Special emphasis will be laid on mobilizing corporate support  in the field of sports. The participant/athlete shall occupy centre-stage in  the  Comprehensive  National  Sports  Policy,  will  all  other  stakeholders  playing a promotional, supportive and convergent role towards achieving  the goals of mass participation, expansion of thee talent pool, enhanced  performance in competitive sports, and the emergence of India as a vibrant  leading-edge  sporting  nation  in  the  world  through  transparent  and  effective  sports  systems.  In  other  words,  the  policy  would  provide  a  conducive framework within which sports can develop and thrive.”    

The said policy also made the following among other recommendations, to  

identify talented sportspersons who could use the facilities in the stadium  

complexes:

“Fostering a sports club culture: Encourage and support the setting up in  both rural and urban areas, with particular emphasis on poorer localities,  of  a  variety  of  public  and  private  sports  and  youth  development  institutions, as well as sports and health clubs, to enable the young and the  old, men and women, the physically challenged and the children, casual  players  and serious contenders,  employees  and professionals,  the health  conscious  and  talented  sportspersons,  to  find  a  suitable  playing  environment to meet their playing needs. These sports clubs would either  create  their  own facilities  or  access  public  or  private  facilities  through  suitable ‘pay and play’ schemes for their members. They could also avail  

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of  the  governmental  programmes  and  schemes  to  provide  the  required  facilities, equipment and technical support”.

We are informed that the said draft  policy and the recommendations and  

suggestions therein were rejected by the Sports Federations.  Be that as it  

may.     

21. The following questions require to be addressed in regard to this case :

Specific Issues:

(i) What is the basis for giving a virtual largesse of a huge property by  

the District Sports Council, Faridabad, to DCA Club at a paltry rent of  

Re.  1/-  per  annum,  without  inviting  offers/bids,  without  ensuring  

exclusive use for sports/athletics?

(ii) When the lease deed categorically states that the lessee shall not carry  

out any additions and alterations to the building and shall not sublet or  

transfer its rights and the building shall not be used for any purpose  

other than the purpose for which the lease was granted, the reason  

why action has not been taken by the state government and district  

administration,  against  DCA  Club  for  the  violations  of  all  these  

conditions,  as  admittedly  DCA  Club  has  granted  licences  which  

virtually  amounts  to  sub-leases  in  regard  to  the  leased  premises,  

allowed constructions to be put up and allowed premises to be used  

for purposes other than the purpose for which it was leased.

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(iii) Whether the entire stadium, in particular the Cricket Stadium, football  

ground, basketball ground, athletic tracks, swimming pool, badminton  

and  lawn tennis  courts  are  accessible  to  the  public  or  only  to  the  

members of the club and if so on what conditions?

(iv) What is the amount incurred by the DCA Club in allegedly assisting  

in maintaining the stadia, athletic tracks and other sports areas?  

(v) Whether leases and sub-leases can be granted without any financial  

benefit to the owner of the stadium complex, that too without any kind  

of open competitive bidding?

(vi) What steps are taken to ensure that the entire stadium is used only for  

sports and sports related activities and that access is provided to all  

persons  interested  in  sports  by  giving  primacy  to  the  sports  and  

athletics in the stadium complex.

(vii) Whether  the  lease  in  favour  of  DCA  Club  requires  to  be  

cancelled/revoked/terminated for breaches?

General Issues:

(viii) What steps are to be taken to ensure that there is no diversion of the  

stadia  and  sports  facilities  for  non  sports  activities,  recreational  

activities and private commercial activities.

(ix) Whether  there  is  any  misuse  or  diversion  to  unauthorized  use,  in  

respect of other stadia and sports facilities/complexes in the state and  

whether  there  is  any  policy  guidelines  to  prevent  their  misuse  or  

diversion to unrelated use?

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As the High Court has not considered these aspects and the matter requires  

monitoring and appropriate directions, we consider it necessary to remand  

the matter to the High Court.  

22. We therefore allow this appeal, set aside the order of the High Court,  

remand the PIL to the High Court with a request to the High Court to deal  

with and dispose of the matter in accordance with law, in particular with  

reference to the issues enumerated in the previous para and other issues that  

may arise during hearing by the High Court.

…………………………..J. (R V Raveendran)

New Delhi; …………………………J. July 4, 2011. (H L Gokhale)  

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