SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(Gau) 772

IN THE HIGH COURT OF GAUHATI
Ajai Lamba, Achintya Malla Bujor Barua, JJ.
Anirban Roy – Appellant
Versus
Assam Agricultural University and Others – Respondents
Public Interest Litigation No. 35 of 2019
Decided On : 11-11-2019

Advocates:
Advocate Appeared:
Debabrat Saikia, D. Saikia, P.N. Goswami, J. Kalita, K.P. Pathak.

Headnote:

Right to Information Act – Pleadings in petition indicate that petitioner is a professional journalist and is a resident of Guwahati – Pleadings further indicate that petitioner studied 5 year course in Bachelor of Veterinary Science and Animal Husbandry in the College of Veterinary Science under Assam Agricultural University between 1989 and 1994 in Guwahati – As a student, petitioner was proud of finest playgrounds provided by University for benefit of students – Petitioner regularly played cricket – It has been highlighted that a number of good cricket players have been produced, including those who played Ranji Trophy – This was possible only because appropriate facilities were provided by providing Cricket field, which was well maintained – Held, An assurance has been given to Court that grounds meant for sports activities, detailed above, would be appropriately maintained for said purpose – In case they are required to be used for other purposes, appropriate executive instructions would be issued so that grounds may be used for other purpose with restrictions – An assurance has been given that sports fields would be restored to original use at expense of user within 7 days of use; and in any case not later than 7 days of use – For said purpose, it would be appropriate that a substantial security deposit is made with Dean of University before allotment of land for a particular purpose – In case ground is damaged, Dean can use money in deposit as security for restoration of ground for sports activities – Petition is Dismissed

JUDGMENT :

Ajai Lamba, J.

1. This petition in public interest has been preferred by Shri Anirban Roy.

2. Pleadings in the petition indicate that petitioner is a professional journalist and is a resident of Guwahati. Pleadings further indicate that the petitioner studied 5 year course in Bachelor of Veterinary Science and Animal Husbandry in the College of Veterinary Science under the Assam Agricultural University between 1989 and 1994 at Khanapara in Guwahati. As a student, the petitioner was proud of the finest playgrounds provided by the University for the benefit of the students. The petitioner regularly played cricket. It has been highlighted that a number of good cricket players have been produced, including those who played Ranji Trophy. This was possible only because appropriate facilities were provided by providing the Cricket field, which was well maintained.

It has been pleaded that earlier the play grounds were meticulously maintained and only because of such maintenance, the sports persons could excel.

3. It has been pleaded that the petitioner sought information under the Right to Information Act being aggrieved by the ill maintenance of the playgrounds meant for football, cricket, lawn tennis, basket ball, volley ball, equestrian sports, etc. The petitioner, however, has not received any response under the Right to Information Act.

4. It has been highlighted that the Assam Agricultural University is the first University in the North East part of the country, established in the year 1969. The University has been set up with the sole aim of producing agricultural professionals and to undertake research in agriculture.

5. In para-11, it has been detailed that the Assam Agricultural University is having a Multipurpose Sports Complex set-up in Khanapara in 1977 over a plot of 54 bighas, which formerly was jail land, however, was handed over to Assam Agricultural University by the Government of Assam with the purpose of promoting sports activities mentioned hereinabove. Total area of the sports complex as of now is 46.60 bighas. A standard twin-cricket pitch was also constructed in the sports complex and was inaugurated in March, 2011.

6. It has been highlighted that in the last 10 years, the play grounds have been transformed into a venue for political rallies, musical programmes, exhibitions, religious congregations and even marriage receptions. It has been stated that there were trees in the North-Western side of the sports complex which were cut for organizing political rallies which resulted in complete destruction of the sporting environment and has seriously interfered with the sports activities. So much so, the cricket ground is in such a bad condition that tournament cannot even be organized in the said complex. Approximately 91,130 numbers of concrete blocks were laid at several places on the western part of the sports complex to construct helipads and a passage. The tennis court is no more in condition where tennis can be played. Likewise, basketball court is also in bad condition. Whenever political rallies are to take place, security forces virtually take control of the playground and even entry of students is blocked.

7. Considering the pleadings, notice was issued. Affidavit-in-opposition has been filed on behalf of Respondent No. 2 (Dean, Faculty of Veterinary Science, Assam Agricultural University, Khanapara, Guwahati).

8. Learned counsel for the respondent Shri D. Saikia has highlighted from para-4 of the affidavit that no political meetings are allowed to be held on the ground meant for sports, be it cricket or football. There is some land beyond the sports complex, which is utilized for such purposes. An attempt has been made to project that the ground meant for sports activities is being maintained for the said activities; and political rallies and other such activities are not held on the same.

9. We would like to make a specific reference to paragraphs-4 to 8 of the affidavit-in- opposition sworn on 30th Au

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon Back to top