TaxTMI 
TaxTMI 
TaxTMI 
2011 (7) TMI 1299
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.... 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 So....
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....s 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). 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 ....
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....missed 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 that about one acre of ....
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....ouncil) 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 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 in....
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....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 ground, encouraging ....
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....heir 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. Merely because a recreational club has provision for some sports activity like badminton or te....
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....an 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 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 competi....
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....ty 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; 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; 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; 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 insuffic....
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....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 ....