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TMI Blog2011 (7) TMI 1299X X X X Extracts X X X X X X X X Extracts X X X X ..... ing or transfer of the premises in violation thereof, the premises had been sub-let to the Modern Tent House. It was also 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. HELD THAT:- 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 sports facilities in the Stadium are meant to be used by residents and sports 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. The affidavit in reply filed by DCA Club vaguely states that it is being used for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lities 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, Fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... djoining 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 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 ₹ 35,000/-plus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itation 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 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 gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 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 ens ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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; 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 visi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hts 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. (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 r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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