In this PIL, petitioners challenged the alleged illegal change in land use of the JSCA Stadium from cricket to commercial activities. The Court held that such activities are necessary for stadium maintenance and funding, choosing not to interfere.
The writ application was disposed of without interference; pending I.A. also disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (PIL) No. 5833 of 2013
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY : HON'BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioners : Mr. Rajeev Kumar, Advocate For the Respondent Nos. 7, 8 & 11 : Mr. A. K. Das, Advocate For the Respondent no. 12 : Mr. Indrajit Sinha, Advocate
28/13.03.2024 Heard Mr. Rajeev Kumar, learned counsel for the petitioner and Mr. A. K. Das, learned counsel for the respondent no. 7, 8 & 11 and Mr. Indrajit Sinha, learned counsel for the respondent no. 12.
In this writ application, the petitioner has prayed for a direction upon the respondent nos. 7 and 8 to explain as to why and how the ‘land use’ of the transferred land to respondent no. 7 & 8 from H.E.C. with the ‘No Objection Certificate’ of the State Government has been illegally changed and in place of ‘cricketing activities’ by the respondent nos. 7 & 8 has been changed to commercial activities like opening Five Star Hotel and the premises meant for cricket and cricketing activities has been transformed for letting out for marriage ceremony etc.
It has been submitted by Mr. Rajeev Kumar, learned counsel appearing for the petitioner that the purpose for giving the land for
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setting up of Stadium has been frustrated on account of certain commercial activities being carried out by the office bearers of the JSCA including letting out the premises for marriage purposes etc.
Mr. A. K. Das, learned counsel for the respondent nos. 7, 8 & 11 has submitted that the entire Stadium has to be maintained and in order to generate funds, sometimes the same is let out for marriage purposes for which taxes are paid to the government. It has further been submitted that apart from cricketing activities, tennis academy as well as swimming pool have come up for the benefit of citizens of Ranchi. Mr. Das has given an example with respect to M.C.C. Stadium at Lords to the effect that in order to generate funds from the said stadium, the premise is sometimes let out for some entertainment purposes and these are charged from the persons on whose behalf part of the stadium is booked.
What would appear from the submissions advanced by the learned counsel for the respective parties, it appears that the JSCA Stadium was primarily set-up to carry out the cricketing activities and it is being regularly used for organizing international matches apart from other cricketing activities. Mr. Rajeev Kumar, learned counsel for the petitioners has submitted that it has a Country Club which is contrary to the purpose for which the said cricket stadium was constructed. We find that running of a Country Club or for that matter a tennis academy and letting out the premises for marriage purposes would basically indicate the generation of funds for running and maintenance of stadium as without such funds, a stadium of such proportion will be difficult to maintain.
We in such view of the matter are not inclined to interfere with the prayer made in this Public Interest Litigation and accordingly, the same stands disposed of.
Pending I.A. also stands disposed of.
(Rongon Mukhopadhyay, J)
(Deepak Roshan, J.)
R Shekhar Cp 2
1 issue framed by the court
Whether the High Court should interfere with the land use of the JSCA Stadium changed from cricketing activities to commercial activities like weddings and a country club.
Rakesh Kumar
Gurprit Singh
Nirmal Kumar Bhattacharya
The State of Jharkhand
Heavy Engineering Corporation Ltd.
Jharkhand State Cricket Association
Rongon Mukhopadhyay
Deepak Roshan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court