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SUPREME COURT OF INDIA
R.V. Raveendran and H.L. Gokhale, JJ.
Krishan Lal Gera - Appellant
Versus
State of Haryana and others - Respondents
Civil Appeal No. 4924 of 2011 (Arising out of SLP (C) No. 4595 of 2007).
Decided On : 04 July, 2011
Public Interest Litigation - Misuse of Stadium Premises - Societies Registration Act, 1860 - Lease Deed - Public Interest Litigation - Stadium intended for public use, meant for sports activities was misused or not properly maintained - 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 - 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 - 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.
Fact of the Case:
The District Cricket Association (DCA) formed a club to generate income for maintaining the cricket stadium. The club was registered under the Societies Registration Act, 1860 and leased a portion of the stadium premises for a token annual rent of Re. one per year. The appellant filed a public interest litigation alleging misuse of the leased premises for illegal activities and sought cancellation of the lease and dissolution of the club.
Finding of the Court:
The High Court dismissed the petition stating 'No public interest is involved in this petition'. The Supreme Court found several irregularities in the lease and misuse of the stadium premises and remanded the case to the High Court for further consideration.
Issues: The basis for granting the lease, violations of lease conditions, accessibility of stadium facilities to the public, financial benefit to the owner, cancellation of lease, prevention of diversion to non-sports activities, misuse or diversion of other stadia and sports facilities, and policy guidelines to prevent misuse or diversion.
Ratio Decidendi: 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.
Final Decision: The Supreme Court allowed the appeal, set aside the High Court's order, and remanded the PIL to the High Court for further consideration.
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 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 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 :-
(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
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