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R.V.RAVEENDRAN, J.

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 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 occasional Ranji Trophy matches, Dileep Trophy and Irani Trophy matches and occasional One Day Internationals (ODIs.). 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 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 repeatedly.

3. In this background, the District Cricket Association (`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 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 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 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 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 of DCA were to be the Senior Vice Presidents and Vice-

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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 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 Nursery and 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 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.

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 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: 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 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 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 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 not bothered to answer any of these issues even before us.