W.P.(C) 11232/2023 Page 1 of 7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 24^th August, 2023

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W.P.(C) 11232/2023 & CM APPL. 43723/2023

MAHENDRA KUMAR MOHANTY

..... Petitioner

Through:

Mr.

Mahendra

Kumar

Mohanty,

Petitioner-in-Person.

versus

UNION OF INDIA AND ANR.

..... Respondents

Through:

Mr. Ajay Digpaul, CGSC with Mr.

Amit Gupta, Mr. Kamal Digpaul, Ms.

Swati Kwatra, Mr. Saurabh Tripathi,

Mr. Vikramaditya Singh and Mr.

Ghanshyam Jha, Advocates for UOI.

Mr. Sanjay Katyal, Standing Counsel

with Mr. Nihal Singh, Advocate for

DDA.

Mr. Vivek Kumar, A.E(C)/ QGC and

Mr. Sushil Kumar, computer operator

for DDA.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J. (Oral):

1. Mr. Mahendra Kumar Mohanty, the Petitioner, brings forth this Public

Interest Litigation, challenging the membership criteria stipulated in the

notice issued by Respondent No. 2, Delhi Development Authority [“DDA”],

for the Qutab Golf Course located in Mehrauli, Delhi [hereinafter, “public

notice”]. He takes issue with an apparent disparity in membership

Digitally Signed

By:SAPNA SETHI

Signing Date:29.08.2023

20:17:21

Signature Not Verified

W.P.(C) 11232/2023 Page 2 of 7

provisions, specifically the subscription charges, between applicants from

the government sector and those from the private sector.

The Petitioner’s case

2. Petitioner is an accomplished athlete, having accolades to his name in

various national-level championships. A few years ago, he was introduced to

golf, and in a short span of time, he developed deep admiration for the sport.

Over time, he honed his skills to achieve an impressive handicap of around

ten. His dedication to the sport and remarkable performance were recently

recognized when he clinched the 15^th Hindu College OSA tournament and

1^st Northend Super Golf series, held at Qutab Golf Course. His association

with sports makes him keenly interested in the membership of the Qutab

Golf Course, which is a public facility managed entirely by the DDA – a

government authority. The Golf Course, established on a vast expanse of

government land and maintained using government resources, offers

membership tenures to both government employees and general public.

3.

Membership fee discrepancy: The crux of the Petitioner’s grievance

hinges on the exorbitant membership fees of the Qutab Golf Course. There

is a steep difference in the prevalent fee structure for government employees

and private individuals. He emphasizes the apparent inequality by

referencing to the following fee break-up mentioned in the public notice:

S. No.

Category

Entry Fee

Monthly Subscription

Government

Non-government

Digitally Signed

By:SAPNA SETHI

Signing Date:29.08.2023

20:17:21

Signature Not Verified

W.P.(C) 11232/2023 Page 3 of 7

4.

Misuse of public resources: The Petitioner contends that utilization of

the allotted public land and government funds for the benefit of a select

group of elite government servants and private individuals is antithetical to

the broader principles of public policy. Such practices, he argues, stand in

stark contrast to the objectives outlined in various National Sports Policies.

The overarching intent of the government’s sports policies, such as the

National Sports Development Code, Fit India Movement and Khelo India, is

to foster widespread public participation in sporting activities. These

policies aim to achieve a dual goal – promoting sports as a mass activity

while also nurturing excellence at the highest echelons. The afore-mentioned

initiatives demonst