Krishan Lal Gera vs State Of Haryana & Ors

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

2

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 :

4 (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).

5 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.

9 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.

12 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.

14 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.

15 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 :

7 "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;

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

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

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

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

7 India's performance in international sport needs to be significantly enhanced through a holistic and sportsperson centred cradle-to-grave

sports policy;

7 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;

7 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;

7 sports medicine and sports science need particular attention;

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7 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)