LexKRISHAN LAL GERA versus STATE OF HARYANA & ORS.
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A B [2011] 7 S.C.R. 722 KRISHAN LAL GERA v. STATE OF HARYANA & ORS. (Civil Appeal No. 4924 of 2011) JULY 4, 2011 [R.V. RAVEENDRAN AND H. L. GOKHALE, JJ.] Public Interest l,.itigation: c Writ petition before High Court - Challenging the lease deed granted in respect of the premises of a Stadium in favour of a recreation club for non-sports commercial activities - Dismissed by High Court holding that no public interest was involved in the writ petition - HELD: There have 0 been several irregularities by the District Administration (District Sports Council) in granting arbitrarily a largesse to DCA Club etc., in the form of a long term lease at an annual rent of Rs.11- for use of a Sports Stadium, for non-sports commercial activities - The matter required consideration - E The High Court failed to exercise its jurisdiction - Whenever nepotism, favouritism and unwarranted government largesse to private interests, threaten to frustrate schemes for public benefit, it is the duty of High Courts to strike at such action - The questions enumerated in the judgment are required to be addressed by the High Court - PIL remanded to High F Court to dispose of the matter in accordance with law with reference to the issues enumerated in the judgment and the issues that may arise during hearing by the High Court. G H Sports: Sports complex/Sports stadium - Use of premises - HELD: No part of the stadia or sports grounds can be carved out for non-sport or commercial activities to be run by recreational clubs or by private entrepreneurs - A sports 722 KRISHAN LAL GERA v. STATE OF HARYANA & 723 ORS. complex/sports stadium cannot be converted into a A recreation club - Creating a sports ground, encouraging sports is a part of human resource development which is the function of the State. Sports Stadia - Maintenance and optimum use of - 8 HELD: The country requires world class infrastructure to train potential athletes and sportspersons - It is not sufficient if infrastructure is created, but such infrastructure and facilities should be properly maintained and optimum utilization of the infrastructure should be ensured - Persons experienced in C sports administration and sportspersons should manage the stadia and not the Managing Committees of recreational ' clubs - Development of sports infrastructure means to ensure continuous and effective use of those facilities and adequate maintenance and upkeep - There should be a comprehensive plan for optimum use of the facilities already D available so that they are accessible to sportspersons. A writ petition was filed before the High Court as a public interest litigation stating that the District Sports Council, Faridabad, by lease deed dated 26.8.1998, E granted a lease of the Kapil Pavilion i.e. South Pavilion Building of Nahar Singh Stadium at Faridabad, measuring 784 sq.yds. as well as the open area in front of the South Pavilion measuring 5713 sq. yds. comprising the cricket practice pitches, Badminton Courts, Lawn Tennis Courts, F Swimming Pool and a large vacant ground, in all 6497 sq.yds in favour of respondent no. 4, the District Cricket Association Club (DCA Club), for a period of 99 years on a token annual rent of Re. 11-; that on 15.12.2003, the DCA Club, granted a licence in regard to the lawn area in front G of the Kapil Pavilion to 'Modern Tent House' on a monthly rent of Rs.15,0001· 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'. It was alleged by the petitioner, inter a/ia, H 724 SUPREME COURT REPORTS [2011] 7 S.C.R. A that instead of using the leased premises which was part of the stadium complex, for sports and sports related activities, it was being used for illegal activities; that though clause 10 of the lease deed in favour of the DCA Club barred subletting or transfer of the premises, the s premises had been sub-let to the Modern Tent House under the guise of a licence; that the licensee, the Modern Tent House, constructed several permanent structures including pandals and rooms in violation of the lease terms; that Modern Tent House was permitted to use the c entire open area of 5713 sq. yds, instead of only the lawn area to the South of the Pavilion; that the swimming pool had been given on a fifteen year lease to M-n-M Pool and Spa Services at a throwaway rent. The appellant
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