The Bombay High Court has emphasized the State's obligation to prioritize sports facilities for children and youth, both domestically and from an international perspective.

"A progressive State can never be oblivious of such needs of the society and more particularly, from the international perception. It ought to be the solemn obligation of a Welfare State to encourage youth and children towards the sports, which is not only the domestic but the international perception. This also contributes in creating a robust and a healthy society," the Division Bench of Justice GS Kulkarni and Justice Jitendra Jain said.

The Court was hearing a Public Interest Litigation (PIL) filed by the Indian Institute of Architects. The PIL contested the decision of the planning authority to divert land originally designated for a government sports complex of international standards to residential development.

Initially earmarked for a sports complex under the State's 2003 policy, the land was reallocated to a private developer for residential and commercial purposes in 2016. Furthermore, in 2021, the sports complex was relocated to a rural area 115 km away from its original urban site, lacking essential infrastructure.

The Court criticized both the State Government and the City and Industrial Development Corporation (CIDCO) for what it termed a vague approach towards the significance of sports in contemporary society. "...in the contemporary times and more particularly considering the meager number of government sports facilities being provided by the Government to the public at large, the Government had taken a conscious decision under its sports policy to provide sports facilities by utilizing Ghansoli land in Navi Mumbai (the land in question), so as to have a sports complex of an international standard adjoining to NMMC Sports Complex. We are of the clear opinion that the petitioner is not incorrect when it contends that the citizens are being deprived of sports complex being provided by the Government in view of the Government purporting to give up its decision to use the earmarked land at Ghansoli," the Court said.

Furthermore, the Court lamented the lack of implementation of sports policies and criticized the lax attitude of the State Government towards developing the government sports complex in Ghansoli, Navi Mumbai.

"We may also observe that the sports policies which are being shown to the public at large cannot be kept to be paper policies, and not to be implemented. Lackadaisical approach and priority as given by the State Government in developing the government sports complex at Ghansoli, Navi Mumbai, speaks volumes at the approach of the concerned officers towards sports. It is unthinkable that the State Government can keep the land earmarked and not utilize the same for the public purpose for which it was earmarked. It is high time that the State Government becomes conscious that it is equally important that the children and youth in Mumbai and Navi Mumbai and the large adjoining areas are made available all kinds of sports facilities," the Bench said.

Highlighting that sports plays a significant role in the development of citizens and the nation, the Court said, "The petitioner would not be incorrect in contending that the State ought not to lack behind in sports by not creating facilities in the urban centres and deprive the citizens of such facilities. It is high time that these issues are also considered to be of equal importance than the commercialization and concretization mantra."

"...the entire approach of not only the State Government but also the CIDCO has been nebulous to the importance which the sports have achieved in modern times," it added.

Furthermore, the Bench said, "It is thus clear that sports facilities, which includes the physical area (land), equipments and the entire infrastructure so created are supposed to be utilized for such purpose, cannot be exploited to be used for any other much less a commercial purpose. If this be so, was it proper that in the present case, the entire land reserved for Government Sports Complex be abandoned."

While allowing the PIL, the Court ordered the impugned decision of the State Government as contained in Government Resolution dated 26 March, 2021, in shifting the Government sports complex from Sector 12 and 12A, Ghansoli to Village Nanore, Taluka Mangaon, District Raigad as arbitrary, illegal and unconstitutional. Accordingly, it was set aside.

Additionally, the Court ordered, "CIDCO is directed to handover the entire land in Sector 12 and 12A, Ghansoli, as earmarked for the Government Sports Complex to the State Government, to be utilized for the purpose of “Government Sports Complex”, free of cost or at a specified price in terms of Regulation 4 of the 2008 Regulations or on similar terms as received by CIDCO from the Navi Mumbai Municipal Corporation, for the adjoining land allotted for its sports complex."

The Bench clarified, "The State Government, if so desires, may develop the sports complex at Village Nanore, Taluka Mangaon as a District Sports Complex or an additional sports complex."

Cause Title: Indian Institute of Architects Navi Mumbai Center v. The City & Industrial Development Corporation Ltd. & Ors [Neutral Citation: 2024:BHC-AS:25678-DB]

Appearance:-

Petitioner: Advocate Indrajeet Kulkarni

Respondent: Advocates Nitin V. Gangal, Ashok D. Kadam, Prerna Shukla, Senior Advocates Y. S. Jahagirdar, Girish S. Godbole, Advocates Vijay Kumar Aggarwal, Shamim Shaikh, B. V. Samant (Addl. Govt. Pleader), A. A. Alaspukar (AGP), Tejesh Dande, Bharat Gadhavi

Click here to read/download the Judgment


Justice GS KulkarniJustice Jitendra JainBombay High Court

Sukriti Mishra