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2011 (7) TMI 1299 - SC - Indian LawsWhether Government stadium meant for developing sports and athletics allowed to be misused by private hands - Petition for canceling the sub-lease/licence - the District Cricket Association (`DCA’) was registered as a society under the Societies Registration Act, 1860 to fulfill 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. the DCA Club granted a licence in regard to the lawn area in front of the Kapil Pavilion to ‘Modern Tent House’.The appellant herein filed a public interest litigation before the 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. 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 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. As the High Court has not considered these aspects and the matter requires monitoring and appropriate directions, we consider it necessary to remand the matter to the High Court. We therefore allow this appeal, set aside the order of the High Court, remand the PIL to the High Court.
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