Supreme Court of India
KRISHAN LAL GERAversusSTATE OF HARYANA & ORS.
- Citation
- 2011 INSC 432
- Decided
- 4 July 2011
- Disposal
- Appeal(s) allowed
- Bench
- R V RAVEENDRAN
Holding
The Supreme Court held that the High Court erred in dismissing the PIL and that the lease and alleged irregularities must be examined, remanding the matter for proper adjudication on public interest grounds.
Summary
The petitioner filed a public interest litigation alleging that the District Sports Council of Faridabad had granted a 99‑year lease of a portion of Nahar Singh Stadium to the District Cricket Association Club (DCA Club) for a token rent of Re.1 per year, and that the club subsequently sub‑let the premises for commercial activities, violating the lease conditions. The High Court dismissed the petition, holding that no public interest was involved. The Supreme Court examined the allegations of irregularities, nepotism, and misuse of public sports infrastructure, emphasizing that state‑owned sports facilities must be used for sports and public benefit. It held that the High Court erred in refusing to exercise its jurisdiction to protect public interest. Consequently, the Supreme Court allowed the appeal, set aside the High Court order, and remanded the matter to the High Court for detailed consideration of the enumerated issues.
Issues considered
- What is the basis for granting a lease of a large public sports property at a token rent without competitive bidding and ensuring exclusive sports use?
- Why has no action been taken against the DCA Club for violating lease conditions prohibiting sub‑letting, alterations, and non‑sports use?
- Are the various sports facilities within the stadium accessible to the public or restricted to club members, and under what conditions?
- What amount, if any, has the DCA Club contributed towards maintenance of the stadium and its sports areas?
- Can leases and sub‑leases of public sports facilities be granted without financial benefit to the owner and without open competitive bidding?
- What steps are required to ensure the stadium is used solely for sports and related activities, providing primacy to sports and athletics?
- Should the lease in favour of the DCA Club be cancelled, revoked, or terminated for breach of its terms?
- What measures should be taken to prevent diversion of stadium and sports facilities to non‑sports, recreational, or private commercial activities?
- Is there evidence of misuse or diversion of other state sports facilities, and are there policy guidelines to prevent such misuse?
Legislation cited
- Societies Registration Acts. 1860
Subjects
public interest litigationsports stadium leasemisuse of public propertysub‑lettingnepotismstate responsibilitysports infrastructureadministrative law
Judgment
[2011] 7 S.C.R. 722
A KRISHAN LAL GERA
v.
STATE OF HARYANA & ORS.
(Civil Appeal No. 4924 of 2011)
JULY 4, 2011
B
[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.
Sports:
G
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
H 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,
therefore, prayed for directions to respondents 1 to 3,
namely, the State of Haryana, the Deputy Commissioner,
0
Faridabad and Faridabad Municipal Corporation to: (a)
cancel the sub-lease/licence of Kapil Pavilion and the
open area in front of it under the Deed dated 15.12.2003
and also cancel the sub-lease/licence of the swimming
pool under contract dated 22.5.2004; (b) to stop the usage
E of premises for purposes of private functions and illegal
activities etc.; (c) to dissolve the DCA Club (fourth
respondent) and take action against its members and
recover the loss of revenue from them. The Division
Bench of the High Court dismissed the petition stating
F that no public interest was involved in the petition.
Aggrieved, the writ petitioner filed the appeal.
Allowing the appeal, the Court
HELD: 1.1. Although, this Court, on 30.11.2009 had
G restrained the respondents from further leasing the
premises, yet, the DCA Club had, in clear violation of the
said order, entered into an MOU dated 30.6.2010 with
Hotel Raj Mahal Regency and entrusted the Kapil
Pavillion and the open area in front of it for five years to
H
KRISHAN LAL GERA v. STATE OF HARYANA & 725
ORS.
Hotel Rajmahal Regency, "for managing the Bar and A
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 Rs.35,000/· plus
taxes per every "big function" using the party lawn apart B
from Rs.25000/· towards average monthly electricity
charges. [para 10-11] [734-F-H; 735-A·D]
1.2. The instant case indicates the common malaise
found in various parts of the country in regard to sports C
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 D
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 E
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. The stadium is meant for improving
and developing sports and sports persons. But slowly F
and steadily these are ignored by stating that the funds
are not available for maintenance or people are not
coming to use the facilities. 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 G
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
H
726 SUPREME COURT REPORTS [2011) 7 S.C.R.
A and the entire facility becomes the domain of a chosen
few. [para 14-15] [736-D-H; 737-F-H; 738-A-B]
1.3. Creating a sports ground, encouraging sports is
a part of human resource development which is the
9 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. A sports complex/sports stadium
belonging to the government with special infrastructure
created for sports, athletes and sportspersons, cannot
C be converted into a recreation club. The State and its
instrumentalities should wake up to their responsibilities
in regard to the citizens and youth of this country, in
regard to human resources development. The country
requires world class infrastructure to train potential
D 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 sports administration and
E sportspersons should manage the stadia and not the
Managing Committee of the recreational clubs. [para 15-
17] [738-C-H; 739-A-G-H; 740-A-C]
1.4. Development of sports infrastructure means to
F ensure continuous and effective use of the facilities and
provide adequate maintenance and upkeep. There
should be a comprehensive plan for optimum utilization
of the facilities already available so that they are
accessible to sportspersons. The government cannot
G allow sports facilities and sports bodies to be hijacked
by persons totally unconnected with sports for private
gain or for benefit of an exclusive few. State of Haryana
prides itself in giving importance to sports. The Court
hopes that the state administration realizes the needs of
H the society and the need for improving sports as an
integral part of human resources development.
KRISHAN LAL GERA v. STATE OF HARYANA & 727
ORS.
Participation in sports and sport competitions builds A
patriotism and national pride, apart from other benefits.
[para 19) [741-C-F]
2.1. If a chunk of a Government stadium, being prime
land in the heart of the city meant for developing sports 8
and athletics is misused or illegally allowed to go into
private hands, it cannot be said that no public interest is
involved. While the High Courts are not expected to take
policy decisions in regard to sports administration and
infrastructure, nor are they expected to supervise the C
running of the sports stadia, they are bound to interfere
and protect public interest when blatant misuse is
brought to their notice. The High Court should direct the
authorities concerned to perform their duties and take
action in regard to the irregularities, omissions and
negligence, so that the interest of the public, particularly, D
human resource development, could be protected.
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. In the instant case, there E
have 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.1/-, and use of a
Sports Stadium, for non-sports commercial activities. The F
matter required consideration. Unfortunately, the High
Court chose to dismiss the petition in fimine and thereby
failed to exercise its jurisdiction. [para ·13, 15 and 19) [736-
B-C; 737-F; 740-G-H; 741-A-B]
2.2. The.following questions require to be addressed G
in regard to the instant case:
. Specific Issues
(i) What is the basis for giving a virtual largesse H
728 SUPREME COURT REPORTS [2011] 7 S.C.R.
A of a huge property by the District Sports
Council, Faridabad, to DCA Club at a paltry
rent of Re. 1/- per annum, without inviting
tenders, without ensuring exclusive use for
sports?
B
(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
c the purpose for which the lease was granted,
why action has not been taken against DCA
Club for the violations of all these conditions,
as admittedly DCA Club has granted licences
which virtually amounts to sub-leases in
D 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.
E (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
F members of the club and if so on what
conditions?
(iv) What is the amount by the DCA Club in
allegedly assisting in maintaining the stadia,
athletic tracks and other sports areas?
G
(v) Whether leases and sub-leases can be granted
without any financial benefit to the owner of
the stadium complex and without any open
competitive bidding?
H
KRISHAN LAL GERA v. STATE OF HARYANA & 729
ORS.
(vi) What steps are taken to ensure that the entire A
stadium is used only for sports and sports
related activities with access to all persons
interested in sports by giving primacy to the
sports in the stadium?.
B
(vii) Whether ·the lea$e in favour of DCA Club
requires to be cancelled/revoked/terminated
for breaches?
General Issues
c
(viii) What steps are to be taken to ensure that there
is no diversion of the stadia and sports
facilities for non sports activities, recreational
activities and private commercial activities.
(ix) Whether there is any misuse or diversion to D
unauthorized used, in respect of other stadia
and sports facilities/complexes in the state and
whether there is any policy guidelines to
prevent their misuse or diversion to unrelated
use? E
As the High Court has not considered these aspects
and the matter requires monitoring and appropriate
directions, it is necessary to remand the matter to the
High Court. Therefore, the order of the High Court is set F
aside, and the PIL is remanded to it with a request to deal
with and dispose of the matter in accordance with law,
in particular with reference to the issues enumerated in
the previous para and other issues that 'may arise during
hearing by the High Court. [para 21-22) [745-D-H; 746-A- G
H; 747-A-B]
Jayalalitha v. Government of Tamil Nadu 1999 (1) SCC
53 - cited.
H
730 SUPREME COURT REPORTS [2011] 7 S.C.R.
A Case Law Reference:
1999 (1) sec 53 cited para 9
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
4924 of 2011.
B
From the Judgment & Order dated 29.1.2007 of the High
Court of Punjab & Haryana at Chandigarh in C.W.P. No. 14181
of 2006.
Neeraj Kumar Jain, Dinesh Kumar Garg, Abhishek Garg,
C Dhananjay Garg, Ritu Puri, B.S. Billowrig, Umang Shankar,
Sanjay Singh, Ugra Shankar Prasad, T.V. George, Manjit
Singh, Dr. S.K. Verma for the appearing parties.
The Judgment of the Court was delivered by
D
R.V.RAVEENDRAN, J. 1.· 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
E 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
F occasional Ranji Trophy matches, Dileep Trophy and Irani
Trophy matches and occasional One Day Internationals (ODls.).
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
G 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
H repeatedly.
I'
KRISHAN LAL GERA v. STATE OF HARYANA & 731
ORS. [R.V. RAVEENDRAN, J.]
3. In this background, the District Cricket Association A
('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 B
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 c
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
0
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 E
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 F
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 G
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 H
732 SUPREME COURT REPORTS [2011] 7 S.C.R.
A 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
8
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)
c (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
D which lease has been made and for no other purpose.
(vide clause 11)
The lease deed contains certain inconsistent clauses. The
preamble states that "the lessor has agreed to grant the lessee
a temporary use and occupation of the said building for
E establishing, running and maintaining a club". Clause (1) stated
that lease was "for a period of ninety nine years". Clause (4)
stated that the "lease is irrevocable unless it is terminated by
the lessor on breach of the conditions or term of the lease by
the lessee".
F
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
G 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
H
KRISHAN LAL GERA v. STATE OF HARYANA & ORS. 733
[R.V. RAVEENDRAN, J.]
DCA Club granted a licence in regard to the lawn area (that is A
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 B
'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 C
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 D
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 E
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
by the DCA Club had been given on a fifteen year lease to M-
n-M Pool and Spa Services at a throwaway rent on 22.5.2004, F
implying that other amounts were received by the committee
members, which was not being accounted. It was 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. The appellant therefore prayed for a G
direction to respondents 1 to 3 (State of Haryana, Deputy
Commissioner, Faridabad and Faridabad Municipal
Corporation) to (a) cancel the sub-lease/licence of Kapil
Pavilion and the open area in front of it under the Deed dated
15.12.2003 and also cancel the sub-lease/licence of the H
734 SUPREME COURT REPORTS [2011} 7 S.C.R.
A swimming pool under contract dated 22.5.2004; (b) to stop the
usage of premises for purposes of private functions, gambling
and illegal activities etc.; (c) to dissolve the DCA Club (fourth
respondent) and take action against its members and recover
the loss of revenue from them and other consequential reliefs.
B
8. The petition was resisted by respondents on several
grounds. They denied the allegation that any illegal activities
were carried on in the premises. It was pointed out that the
reliefs have been sought in regard to the portions given to
Modern Tent House and M-n-M Pool and Spa Services without
C impleading them as parties; and that the pool had been given
to said M-n-M Pool and Spa Services on build, operate and
transfer contract.
9. A Division Bench of the High Court which heard the
D petition, dismissed 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
E 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
F 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
G 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
H
KRISHAN LAL GERA v. STATE OF HARYANA & ORS. 735
[R.V. RAVEENDRAN, J.]
stadium, which had been earlier given to Modern Tent House, A
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 B
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 C
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 Rs.35,000/
- plus taxes per every "big function" using the party lawn apart
from Rs.25000/- towards average monthly electricity charges. · D
The licensee was required to invest Rs.25 lakhs (non-
' refundable) for renovation, air-conditioning, furniture and fixtures
and interiors to improve the ambience of the club. This
arrangement entered by DCA Club on 30.6.2010 is in clear
violation of the interim order of this Court dated 30.11.2009. E
Be that as it may.
12. The written submissions also allege that the DCA Club
has been acting as a "support base" for cricket and other sports
activities by maintaining the day and night practice pitches F
outside the stadium, maintaining the Lawn Tennis Courts,
Badminton Courts, swimming pool and gymnasium, helping in
maintaining the entire cricket stadium including the main
ground, practice pitches, main pitches, dressing room, the North
Block which houses the hostel of Haryana Cricket Nurs,:ry and G
providing regular security to the whole stadium area. It was
submitted that the DCA Club is in lawful possession of the
premises (measuring 6497 sq.yds., that is open area of 5713
. sq.yds. and pavilion area of 784 sq.yds.) and working towards
sports development, cultural development fraternity, talent H
736 SUPREME COURT REPORTS [2011] 7 S.C.R.
A promotion within the framework of statutory requirements and
using the club as well as the open land allotted to it for the
purpose of activities relating to sports and games.
13. We have referred to the facts to demonstrate that there
have been several irregularities by the District Administration
8
(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.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
C 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.
D 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.
E 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
F 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
G 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
1::1
KRISHAN LAL GERA v. STATE OF HARYANA & ORS. 737
[R.V. RAVEENDRAN, J.]
and mighty for an elitist recreational club by paying a token A
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: bar, restaurant, party hall and
party lawn. This Court sought the particulars and details to know
the activities conducted. The affidavit in reply dated 21.9.2010 B
filed by DCA Club vaguely states that it is being used for the
activities of cricket, lawn tennis, badminton, billiards, swimming
pool, gymnasium, football, athletics. This is obviously false as
the football ground and athletics ground are outside the area
leased to the DCA Club. The cricket stadium is also outside c
the area leased to DCA Club. It is not disclosed who is
maintaining the cricket stadium, football field, basket ball field,
athletic tracks etc., and whether cricket, football, basketball are
regularly played, by whom and at what level; whether the
infrastructure and facilities for playing these games are D
. available; who is permitted to play tennis, badminton; who is
permitted to use the swimming pool; and who is running the
gymnasium and what kind of equipment is available and who
are entitled to use it. The District Administration {District Sports
Council headed by the Dy. Commissioner) and the State have E
not bothered to answer any of these issues even before us.
15. Whenever nepotism, favoritism 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 stadium is meant for improving and F
developing sports and sports persons. But slowly and steadily
these are ignored by stating that the funds are not available for
maintenance or people are not coming to use the facilities. The
standard refrain is that a part of the stadia or sports fadlity can
be used for non-sports activities generating funds for the G
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 .. l:L
738 SUPREME COURT REPORTS [2011] 7 S.C.R.
A 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
B 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
c 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
0
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
E 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 grounds
to the colleges and schools; why a large chunk of the stadium
F complex (measuring 6497 sq.yards) including a huge building
meant to be a sports pavilion is let out for 99 years on a rent
of Re.1/- per year, without inviting tenders; and why were the
sports facilities permitted to be converted into a club house,
marriage hall and party lawn for private functions. The State and
G its instrumentalities should wake up to their responsibilities in
regard to the citizens and youth of this country, in regard to
human resources development.
16. !he country requires world class infrastructure to train
H potential athletes and sportspersons. It is not sufficient if
KRISHAN LAL GERA v. STATE OF HARYANA & 739
ORS. [R.V. RAVEENDRAN, J.]
infrastructure is created, but such infrastructure and facilities A
should be properly maintained and optimum utilization of the
infrastructure should be ensured. The Parliamentary Standing
Committee on Human Resources Development has noted thus
in the 185th Report on Promotion of Sports in India (laid on the
Table of Lok Sabha on 30.11.2006): B
"Under-utilisation of infrastructure
5.12. Optimum utilisation of our existing sports
infrastructure has also been one of areas of concern before
the Committee. We have erected huge stadia and other C
sports infrastructure in the metros and cities, which are
used only when national or internationartournaments take
place. For the rest of the period, stadia remain unutilized
or are rented out for cultural programmes and other non-
sporting events. The public at large generally does not o
have access to such huge stadia. A lot of money is being
spent on their 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 E
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
F
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 G
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 H.
740 SUPREME COURT REPORTS [2011] 7 S.C.R.
A 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
8 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
C 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
D activities, community meets, and also for holding public or
entertainment events. They ensure frequent use, optimum
utilization and earning of adequate revenue to meet the cost
of maintenance. If stadia have to be converted into a multi-
purpose arena, then necessary provision should be made to
E ensure that the use for public events or entertainment events
does not affect the usefulness of the arena for sports. With
adequate planning, constant maintenance, multi-purpose
arenas may generate better income from non-sports activities
which can be ploughed for its maintenance and upkeep of the
F arena and development of sports. All sports facilities cannot be
converted into multipurpose arenas. The object of these
observations is not to encourage conversion or use of sports
stadia into multipurpose community arenas or to approve the
practice of using sports stadia for non-sports activities or for
G public functions or entertainment events.
19. If a chunk of~ Government stadium, being prime land
in the heart of the city meant for developing sports and athletics
is misused or illegally allowed to go into private hands, it cannot
be said that no public interest is involved. While the High
H
KRISHAN LAL GERA v. STATE OF HARYANA & ORS. 741
[R.V. RAVEENDRAN, J.]
Courts are not expected to take policy decisions in regard to A
sports administration and infrastructure, nor e)(pected to
super\tise the running of the sports stadia, they are bound to
interfere and protect public interest when blatan.t misuse is
brought to their notice. The High Court should direct the
concerned. authorities to perform their duties and take action B
in regard to the irregularities, omissions and negligence, so
that the interest of the public, particularly human 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 c
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 continuou.s and
effective use of those facilities and provide adequate
0
maintenance and upkeep. Basic sports infrastructure should be
made available at village, taluka and district levels and there
should b~ a comprehensive plan for optimum utilization of the
facilities already available so that they are accessible to
sportspersons. The government cannot allow sports facilities E
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 F
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. G
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
H
742 SUPREME COURT REPORTS [2011] 7 S.C.R.
A 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,
B especially in urban areas, has become a serious issue
calling for rectificatory action. It may be particularly noted
that the seventh Survey has underlined the decline in
schools of 5-9% between 1978 and 2002 in playfields and
access to outside sports facilities. In contradistinction,
c China, which has emerged as a leading-edge sporting
nation over the past few decades, has 37 per cent of its
population, which comes to about 480 million citizens,
actively participating in physical education and sports
activities. There are over 3,50,000 popular sports
instructors. Even as far back as the year 2000, for which
D
information is readily available, China had over 40,000
grassroots level sports associations, 3854 urban
community associations, 2000 community sports
institutions, and over 1,00,000 part-time sports instructors,
besides an incredible 6,20,000 sports facilities spread
E
across the country. Even a small country like Cuba, whose
population of about 11.5 million is comparable to that of
NCT Delhi, boasts approximately 2 million athletes, of
whom 23,000 are in the high performance category in 38
different sports disciplines at the national and international
F level."
The draft policy pointed out following deficiencies in the
existing sports management : ·
"access to sport and physical education
G opportunities still remains highly inadequate,
especially in rural areas and· the poorer parts of
urban areas; and as a consequence, the levels of
participation in sport and physical education at
home, school, college, the community level and the
H workplace are abysmally low;
KRISHAN LAL GERA v. STATE OF HARYANA & ORS. 743
[R.V. RAVEENDRAN, J.]
the participation of girls and women in physical A
education and sports is far below that of boys and
men;
persons with disability have hardly any access to
sporting facilities and most of the sports
8
infrastructure is not disabled friendly;
indigenous sports and games need to be brought
centre-stage in the promotion of a national sporting
culture;
c
education remains highly academic-centric with a
definite trend towards reducing school sports and
extra-curricular sports;
India's performance in international sport needs to
be significantly enhanced through a holistic and D
sportsperson centred cradlecto-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 E
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, F
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 G
attention;
the scientific and technical support systems for high
performing athletes are insufficient;"
The draft policy spelt out the following solution : H
744 SUPREME COURT REPORTS [2011] 7 S.C.R.
A "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
B 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
c elaboration of a suitable legal framework. The Policy ·shall
endevour to achieve a shared vision amongst all
stakeholders that would be realized through convergence
of their efforts. Special emphasis will be laid on mobilizing
corporate support in the field of sports. The participanU
D athlete shall occupy centre-stage in the Comprehensive
National Sports Policy, will all other stakeholders playing
a promotional, supportive and convergent role towards
achieving the goals of mass participation, expansion of
thee talent pool, enhanced performance in competitive
E sports, and the emergence of India as a vibrant leading-
edge sporting nation in the world through transparent and
effective sports systems. In other words, the policy would
provide a conducive framework within which sports can
develop and thrive."
F
The said policy also made the following among other
recommendations, to identify talented sportspersons who could
use the facilities in the stadium complexes:
"Fostering a sports club culture: Encourage and support
G the setting up in both rural and urban areas, with particular
emphasis on poorer localities, of a variety of public and
private sports and youth development institutions, as well
as sports and health clubs, to enable the young and the
old, men and women, the physically challenged and the
H
'"RISHAN LAL GERA v. STATE OF HARYANA & ORS. 745
[R.V. RAVEENDRAN, J.]
children, casual players and serious contenders, A
employees and professionals, the health conscious and
talented sportspersons, to find a suitable playing
environment to meet their playing needs. These sports
clubs would either create their own facilities or access
public or private facilities through suitable 'pay and play' B
schemes for their members. They could also avail of the
governmental 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 C
Sports Federations. Be that as it may.
21. The following questions require to be addressed in
regard to this case : ·
Specific Issues: D
(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 E
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 F
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 G
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. H\
746 SUPREME COURT REPORTS [2011] 7 S:C.R.
A (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 wtiat conditions?
B
(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
c 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
D stadium is used only for sports and sports related
activities and that access is provided to all persons
interested in sports by giving primacy to the sports
and athletics in the stadium complex.
(vii) Whether the lease in favour of DCA Club requires
E to be cancelled/revoked/terminated for breaches?
General Issues:
(viii) What steps are to be taken to ensure thafthere is
no diversion of the stadia and sports facilities for
F
non sports activities, recreational activities and
private commercial activities.
(ix) Whether there is any misuse or diversion to
unauthorized use, in respect of other stadia and
G sports facilities/complexes in the state and whether
there is any policy guidelines to prevent their
misuse or diversion to unrelated use?
As the High Court has not considered these aspects and
H
KRISHAN LAL GERA v. STATE OF HARYANA & ORS. 747
[R.V. RAVEENDRAN, J.]
the matter requires monitoring and appropriate directions, we A
consider it necessary to remand the matter to the High Court.
22. We therefore allow this appeal, set aside the order of
the High Court, remand the PIL to the High Court with a request
to the High Court to deal with and dispose of the matter in 8
accordance with law, in particular with reference to the issues
enumerated in the previous para and other issues that may
arise during hearing by the High Court.
R.P. Appeal allowed.
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