Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Interest litigation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Public Interest litigation: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 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 -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 judgement are required to be addressed by the High Court - PIL remanded to High Court to dispose of the matter in accordance with law with reference to the issues enumerated in the judgement and the issues that may arise during hearing by the High Court.Sports:Sports complex/Sports stadium - Use of premises - HELD: No part of the stadium 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 complex/sports stadium cannot be converted into a recreation club - Creating a sports ground, encouraging sports is a part of human resource development which is the function of the State.Sports Stadium - Maintenance and optimum use of - HELD: The country requires world class infrastructure to train potential athletes and sports persons - 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 sports persons should manage the stadium 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 available so that they are accessible to sports persons. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2011 INSC 432 |
Petitioner | Krishan Lal Gera |
Respondent | State Of Haryana & Ors. |
SCR | [2011] 7 S.C.R. 722 |
Judgement Date | 2011-07-04 |
Case Number | 4924 |
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