Krishan Lal Gera Vs. State
of Haryana & Ors.
J U D G M E N T
R.V.RAVEENDRAN, J.
1.
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.
Light 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-Presidents of the DCA Club.
4.
On
the request of DCA club (fourth respondent), the District Sports Council,
Faridabad, under lease deed dated 26.8.1998 granted a lease of the Kapil Pavilion
(that is South Pavilion Building measuring 784 sq.yds. as well as the open area
in front of the South Pavilion measuring 5713 sq. yds.) in all 6497 sq.yds, for
a period of 99 years, in favour of DCA Club on a token annual rent of Re. one per
year. The lease was for the purpose of establishing, running and maintaining a club
and related activities which were lawfully permissible.
The lease deed cast the
following obligations upon the lessee :
(i) The lessee shall not
carry out any additions and alterations in the building except construction of
play fields in the open area and any portion covered under the stadium stairs
opening in the open area earmarked in the Schedule to these presents, without
the permission of the President, District Sports Council in writing. (vide
clause 6)
(ii) The lessee shall
not sublet or transfer his rights under this lease. (vide clause 10)
(iii) The building
and the land attached to the building shall not be used for any other purpose
except for which lease has been made and for no other purpose. (vide clause 11)
The lease deed contains certain inconsistent clauses.
The preamble states
that "the lessor has agreed to grant the lessee a temporary use and
occupation of the said building for establishing, running and maintaining a
club". Clause (1) stated that lease was "for a period of ninety nine
years". Clause (4) stated that the "lease is irrevocable unless it is
terminated by the lessor on breach of the conditions or term of the lease by
the lessee".
5.
It
is not in dispute that the `open area' of 5713 sq.yds. (situated to the South and
East of the South Pavilion) leased to DCA club comprises the cricket practice
pitches, Badminton Courts, Lawn Tennis Courts, Swimming Pool (situated to the
East of the Pavilion) and a large vacant ground (situated to the South of the
Pavilion).
6.
Though
the object of establishing the DCA club was to run a club and provide funds to
DCA to maintain the cricket stadium, contrary to the terms of the lease, on
15.12.2003, the DCA Club granted a licence in regard to the lawn area (that is the
open space to the South of the Pavilion without specifying the exact extent) in
front of the Kapil Pavilion to `Modern Tent House' on a monthly rent of
Rs.15,000 with a ten percent increase every two years. The said agreement
stated that the "period of hiring" was six years, and the purpose was
to host `parties'. Though the agreement purports to be a licence, the terms
make it clear that it is in fact a lease.
7.
The
appellant herein filed a public interest litigation in the year 2006 before the
Punjab & Haryana 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 under the guise of a
licence; that the licensee Modern Tent House in violation of the lease terms
constructed several permanent structures including pandals and rooms (for godown,
generator etc.) and the entire area is in bad shape because of the lack of maintenance;
and that Modern Tent House was permitted to use the entire open area of 5713
sq.yds, instead of only the lawn area to the South of the Pavilion.
It was next alleged
that the swimming pool constructed by the DCA Club had been given on a fifteen
year lease to M-n-M Pool and Spa Services at a throwaway rent on 22.5.2004,
implying that other amounts were received by the committee members, which was not
being accounted. It was 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. The appellant therefore prayed for a direction to respondents 1 to
3 (State of Haryana, Deputy Commissioner, Faridabad and Faridabad Municipal Corporation)
to (a) cancel the sub-lease/licence of Kapil Pavilion and the open area in front
of it under the Deed dated 15.12.2003 and also cancel the sub-lease/licence of the
swimming pool under contract dated 22.5.2004; (b) to stop the usage of premises
for purposes of private functions, gambling and illegal activities etc.; (c) to
dissolve the DCA Club (fourth respondent) and take action against its members
and recover the loss of revenue from them and other consequential reliefs.
8.
The
petition was resisted by respondents on several grounds. They denied the allegation
that any illegal activities were carried on in the premises. It was pointed out
that the reliefs have been sought in regard to the portions given to Modern Tent
House and M-n-M Pool and Spa Services without impleading them as parties; and
that the pool had been given to said M-n-M Pool and Spa Services on build,
operate and transfer contract.
9.
A
Division Bench of the High Court which heard the petition, dismissed the petition
by a single line order on 29.1.2007 : "No public interest is involved in this
petition. Dismissed." Aggrieved thereby, the appellant has filed this
appeal. Relying upon the decision in Jayalalitha v. Government of Tamil Nadu
[1999 (1) SCC 53], the appellant contends that a public interest litigation was
in fact maintainable in the event of a stadium intended for public use, meant for
sports activities was misused or not properly maintained.
10.
This
Court on 30.11.2009 had restrained the respondents from further leasing the
premises. On 15.12.2009 this Court directed the respondents to file a statement
as the activities of the club. In response to the said direction the Executive President
of the DCA club has filed an affidavit dated 21.9.2010 on behalf of respondents
1 and 2. It is stated therein that Nahar Singh Stadium and adjoining areas are
being used for the following sports activities : (a) cricket; (b) foot ball;
(c) lawn tennis; (d) badminton; (e) table tennis; (f) billiards; (g) swimming;
(h) athletics/Gymnasium. It is stated that the premises has a bar room,
restaurant, card room and TV lounge and that about one acre of land which is
outside the stadium, which had been earlier given to Modern Tent House, is being
co-managed with Hotel Raj Mahal Regency.
11.
After
the hearing was concluded, the fourth respondent (DCA Club) has filed written
submissions disclosing that the DCA Club had entered into an MOU dated 30.6.2010
with Hotel Raj Mahal Regency for co-management of the Club. The copy of the
Memorandum of Understanding dated 30.6.2010 produced as an annexure to the written
submissions disclosed that DCA Club has entrusted the Kapil Pavillion and the
open area in front of it for five years to Hotel Rajmahal Regency, "for
managing the Bar and Restaurant and provide tentage, and holding
parties/functions on the lawns and manage the other activities like Gymnasium,
Billiards and Tennis etc". Hotel Rajmahal Regency is required to pay to
DCA Club Rs.35,000/- plus taxes per every "big function" using the party
lawn apart from Rs.25000/- towards average monthly electricity charges. The licensee
was required to invest Rs.25 lakhs (non-refundable) for renovation, air-conditioning,
furniture and fixtures and interiors to improve the ambience of the club. This
arrangement entered by DCA Club on 30.6.2010 is in clear 9violation of the
interim order of this Court dated 30.11.2009. Be that as it may.
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.
13.
We
have referred to the facts to demonstrate that 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 10lease
at an annual rent of Rs.1/-, and use of a Sports Stadium, for non-sports
commercial activities. The matter required consideration. Unfortunately, the
High Court chose to dismiss the petition in limine and thereby failed to
exercise its jurisdiction.
14.
What
we find in this case is 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 pavilions were
intended to be used for sports related activities. Unfortunately, the District Sports
Council instead of encouraging sports and developing the entire area into a
thriving and vibrant stadium for various sports and sportsmen, has pushed
sports activities into the background by converting the pavilion into a club
with a bar room, restaurant, card room and developing the open space meant for
sports activities into a party lawn for functions/marriages. This is done by
granting a 99 year lease of a prime area of the stadium measuring 6497 sq.yds.
(that is, the entire south pavilion building measuring 784 sq.yds. and the open
area of about 1.25 acres) for a paltry rent of Re.1 per annum.
The stadium and infrastructure
therein are meant for the benefit of the people. 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.
15.
Whenever
nepotism and unwarranted government largesse to private interests, frustrate
schemes for public benefit, it is the duty of High Courts to strike at such action.
The stadium is meant for improving and developing sports and sports persons. But
slowly and steadily these are ignored by stating that the funds are not available
for maintenance or people are not coming to use the facilities. The standard
refrain is that a part of the stadia or sports facility can be used for
non-sports activities generating funds for the upkeep of the stadium. In no time,
an exclusive recreational club is established for those in power, those who
have access to power and those who can afford to pay hefty sums to access the facilities
by way of membership.
Thus valuable state
resources meant for the general public, for the poor and the needy who require
the facilities to improve themselves, are denied access and the entire facility
becomes the domain of a chosen few. What started as a multipurpose stadium for
the benefit of citizens become partly a private recreational club and partly a neglected
unused stadium. What started as a club then goes into private hands for commercial
exploitation for a hotel or for conducting marriages and other functions. The
only "sports" activity regularly held is in the card room.
Unfortunately, all this is done under the nose of the District Administration, in
a centrally located property belonging to the Municipal Corporation and
controlled by District Sports Council. Creating a sports ground, encouraging sports
is a part of human resource development which is the function of the State. No
part of the stadia or sports grounds can be carved out for non-sport or
commercial activities to be run by recreational club or by private
entrepreneurs.
Recreational clubs
are not sports clubs. Nothing prevents the Municipal Corporation or District
Administration from running these sports facilities either directly or through registered
associations without any restriction as to membership. After all human resource
development and the health and welfare of the citizens are one of the main functions
and responsibility of governments. We fail to understand why the Government/
Municipal Corporation failed to allot funds and maintain the sports facilities;
why sports facilities created at huge costs are not used or made available as
sports grounds to the colleges and schools;
why a large chunk of
the stadium complex (measuring 6497 sq. yards) including a huge building meant
to be a sports pavilion is let out for 99 years on a rent of Re.1/- per year,
without inviting tenders; and why were the sports facilities permitted to be
converted into a club house, marriage hall and party lawn for private functions.
The State and its instrumentalities should wake up to their responsibilities in
regard to the citizens and youth of this country, in regard to human resources
development.
16.
The
country requires world class infrastructure to train potential athletes and
sportspersons. 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. The Parliamentary Standing
Committee on Human Resources Development has noted thus in the 185th Report on
Promotion of Sports in India (laid on the Table of Lok Sabha on 30.11.2006): "Under-utilisation
of infrastructure 5.12 Optimum utilisation of our existing sports
infrastructure has also been one of areas of concern before the Committee. We have
erected huge stadia and other sports infrastructure in the metros and cities,
which are used only when national or international tournaments take place. For the
rest of the period, stadia remain unutilized or are rented out for cultural programmes
and other non-sporting events. The public at large generally does not have
access to such huge stadia.
A lot of money is
being spent on their maintenance including security. Sports Federations and
other bodies having offices there, do not pay the rent also. Besides, excellent
infrastructure is created in different States by way of organizing National Games
there. The Committee came to know that these generally remain idle most part of
the year and States found it difficult to maintain. The Committee finds it
ironical that on the one hand, we suffer from massive lack of infrastructure
and on the other hand, our infrastructure remains un- utilized or
under-utilized. This is an unfortunate situation that needs to be corrected. The
Committee strongly recommends having a plan prepared for this purpose in consultation
with all the State governments, Federations, Sports Authority of India, etc.
for putting our infrastructure to maximum use".
17.
A
sports complex cannot be converted into a Recreation club. Recreational clubs usually
have provisions for recreation with swimming pool, tennis, badminton, table
tennis (indoor and outdoor sports), restaurant with bar, and lounges and areas for
gathering, interaction, and functions. Merely because a recreational club has provision
for some sports activity like badminton or tennis, it does not become a sports
club. Nor can a sports stadium belonging to the government with special
infrastructure created for sports, athletes and sports persons can be converted
into a recreational club. Nor can a stadium complex be used for non-sporting
recreational activities or for holding marriages and other functions, unless it
had been planned in a manner providing for a recreational club. Persons experienced
in sports administration and sportspersons should manage the stadia and not the
Managing Committee of the recreational clubs.
18.
We
may also note at this juncture that there is difference between exclusive sport
stadia, and multi-purpose sport arenas. To ensure optimum utilization and meet the
high cost of maintenance, it may be possible to design and devise multi-purpose
sport arenas which may be used for more than one sport and also for holding large
scale public or entertainment events. If the stadia has to be converted into a multi-purpose
arena, then necessary provision should be made to ensure that the use for large
scale public events or entertainment events do not affect the usefulness of the
area for the purposes of sports. With adequate planning, constant maintenance,
multi-purpose arenas may generate better income from non-sports activities which
can be ploughed for its maintenance and upkeep. We hasten to add that this observation
should not be construed as permitting the use of, or recognizing the use of sports
stadia for non-sports activities or for public functions or entertainment
events. We are only pointing out that exclusive sports stadia should not be
confused with multi-purpose arenas as we are not concerned with a multi-purpose
community area in this case.
19.
If
a chunk of a Government stadium, being prime land in the heart of the city meant
for developing sports and athletics is misused or illegally allowed to go into
private hands, it cannot be said that no public interest is involved. While the
High Courts are not expected to take policy decisions in regard to sports administration
and infrastructure, nor expected to supervise the running of the sports stadia,
they are bound to interfere and protect public interest when blatant misuse is brought
to their notice. The High Court should direct the concerned authorities to perform
their duties and take action in regard to the irregularities, omissions and
negligence, so that the interest of the public, particularly human resources
development, could be protected. Lack of commitment to the cause of sports has
ensured that India remains at the bottom rungs of any international sports event,
though it boasts of one sixth of world population.
Development of sports
infrastructure does not mean spending hundreds of crores for infrastructure for
some international event and then allowing the entire infrastructure to go
waste, but 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
sportspersons. The government cannot allow sports bodies to be hijacked by
persons totally unconnected with sports for private gain. State of Haryana
prides itself in giving importance to sports. We do hope that the state
administration would realize the needs of the society and the need for
improving sports as an integral part of human resources development.
Participation in sports and sport competitions builds patriotism, and national
pride apart from other benefits.
20.
In
this behalf we may refer to the following passages from draft Comprehensive
Sports Policy drawn up in 2007. Dealing with playgrounds, it stated : "As regards
the provisioning of space for playgrounds and the preservation of existing playgrounds,
the National Sports Policy 1984 emphasized the importance of this and recommended
legislation, if necessary, to secure this objective. No such legislation has
been brought on the statute books and, in the meanwhile, the use of existing
open spaces for purposes other than sports and games, as also the severe
shortage of land for sports and games, especially in urban areas, has become a
serious issue calling for rectificatory action. It may be particularly noted
that the seventh Survey has underlined the decline in schools of 5-9% between 1978
and 2002 in playfields and access to outside sports facilities.
In contradistinction,
China, which has emerged as a leading-edge sporting nation over the past few
decades, has 37 per cent of its population, which comes to about 480 million citizens,
actively participating in physical education and sports activities. There are over
3,50,000 popular sports instructors. Even as far back as the year 2000, for
which information is readily available, China had over 40,000 grassroots level sports
associations, 3854 urban community associations, 2000 community sports institutions,
and over 1,00,000 part-time sports instructors, besides an incredible 6,20,000 sports
facilities spread across the country. Even a small country like Cuba, whose population
of about 11.5 million is comparable to that of NCT Delhi, boasts approximately
2 million athletes, of whom 23,000 are in the high performance category in 38 different
sports disciplines at the national and international level."
The draft policy pointed
out following deficiencies in the existing sports management : "access to sport
and physical education opportunities still remains highly inadequate, especially
in rural areas and the poorer parts of urban areas; and as a consequence, the
levels of participation in sport and physical education at home, school,
college, the community level and the workplace are abysmally low; the
participation of girls and women in physical education and sports is far below
that of boys and men; persons with disability have hardly any access to
sporting facilities and most of the sports infrastructure is not disabled
friendly; indigenous sports and games need to be brought centre-stage in the promotion
of a national sporting culture;
education remains highly
academic-centric with a definite trend towards reducing school sports and
extra-curricular sports; India's performance in international sport needs to be
significantly enhanced through a holistic and sportsperson centred cradle-to-grave
sports policy; to this end, and within the framework of the Olympic Charter,
the Sports Authority of India, the Indian Olympics Association and the National
Sports Federations need to be revamped, rejuvenated and reoriented to function in
an open, democratic, equitable, transparent and accountable manner; as there is
too much concentration if resources and public support on too few team sports like
cricket, there is need to popularize other sports, especially medal-intensive
individual sports disciplines such as athletics, gymnastics and swimming; sports
medicine and sports science need particular attention; the scientific and technical
support systems for high performing athletes are insufficient;"
The draft policy
spelt out the following solution : "The Policy aims at adopting a holistic
approach to sports development taking into account the health benefits, recreation
benefits, educational benefits, social benefits, economic benefits and source of
national pride that it offers. This would require a realignment of
responsibilities between the Union and State Governments, on the one hand, and,
on the other, between Government and the Indian Olympics Association, the Sports
Authority of India, the National Sports Federations and their affiliated bodies
at the state and district level, and corporate bodies. This in turn might require
Constitutional changes and the elaboration of a suitable legal framework.
The Policy shall endevour
to achieve a shared vision amongst all stakeholders that would be realized through
convergence of their efforts. Special emphasis will be laid on mobilizing
corporate support in the field of sports. The participant/athlete shall occupy
centre-stage in the Comprehensive National Sports Policy, will all other stakeholders
playing a promotional, supportive and convergent role towards achieving the goals
of mass participation, expansion of thee talent pool, enhanced performance in
competitive sports, and the emergence of India as a vibrant leading-edge sporting
nation in the world through transparent and effective sports systems. In other words,
the policy would provide a conducive framework within which sports can develop
and thrive."
The said policy also
made the following among other recommendations: "Fostering a sports club
culture: Encourage and support the setting up in both rural and urban areas,
with particular emphasis on poorer localities, of a variety of public and private
sports and youth development institutions, as well as sports and health clubs,
to enable the young and the old, men and women, the physically challenged and
the children, casual players and serious contenders, employees and professionals,
the health conscious and talented sportspersons, to find a suitable playing environment
to meet their playing needs. These sports clubs would either create their own facilities
or access public or private facilities through suitable `pay and play' schemes
for their members. They could also avail of the governmental programmes and schemes
to provide the required facilities, equipment and technical support". We are
informed that the said draft policy and the recommendations and suggestions therein
were rejected by the Sports Federations. Be that as it may.
21.
The
following questions require to be addressed in regard to this case :
i.
What
is the basis for giving a virtual largesse of a huge property by the District
Sports Council, Faridabad, to DCA Club at a paltry rent of Re. 1/- per annum, without
inviting tenders, without ensuring exclusive use for sports?
ii.
When
the lease deed categorically states that the lessee shall not carry out any
additions and alterations to the building and shall not sublet or transfer its
rights and the building shall not be used for any purpose other than the purpose
for which the lease was granted, the reason why action has not been taken against
DCA Club for the violations of all these conditions, as admittedly DCA Club has
granted licences which virtually amounts to sub-leases in regard to the leased
premises, allowed constructions to be put up and allowed premises to be used for
purposes other than the purpose for which it was leased.
iii.
Whether
the entire stadium, in particular the Cricket Stadium, football ground,
basketball ground, athletic tracks, swimming pool, badminton and lawn tennis courts
are accessible to the public or only to the members of the club and if so on
what conditions?
iv.
What
is the amount incurred by the DCA Club in allegedly assisting in maintaining
the stadia, athletic tracks and other sports areas?
v.
Whether
leases and sub-leases can be granted without any financial benefit to the owner
of the stadium complex and without any open competitive bidding ?
vi.
What
steps are taken to ensure that the entire stadium is used only for sports and
sports related activities with access to all persons interested in sports by
giving primacy to the sports in the stadium.
vii.
Whether
the lease in favour of DCA Club requires to be cancelled/revoked/terminated for
breaches ?
viii.
Generally
the steps to be taken to ensure that there are diversion of the stadia and sports
facilities for non sports activities, recreational activities and private
commercial activities. 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.
22.
We
therefore allow this appeal, set aside the order of the High Court, remand the
PIL to the High Court with a request to the High Court to deal with and dispose
of the matter in accordance with law, in particular with reference to the issues
enumerated in the previous para and other issues that may arise during hearing
by the High Court .
..............................J.
(R V Raveendran)
..............................J.
(H L Gokhale)
New
Delhi;
July
4, 2011.
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