Mr. D.P. Nanda, Senior Advocate assisted by Mr. Sabyasachi Panda, Advocate v. Opposite Parties
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 23050 of 2023 Pradip Kumar Pattnaik State of Odisha & Others CORAM: ..……. Petitioner Mr. D.P. Nanda, Senior Advocate assisted by Mr. Sabyasachi Panda, Advocate Versus Opposite Parties Mr. D.K. Mohanty, AGA ..…….. THE CHIEF JUSTICE JUSTICE SAVITRI RATHO ORDER 10.08.2023 Order No. 02. 1. 2. This matter is taken up through Hybrid Mode. Heard Mr. D.P. Nanda, learned Senior Counsel assisted by Mr. Sabyasachi Panda, learned counsel for the petitioner. 3. By means of this public interest litigation (PIL), the petitioner has alleged that the Collector, Cuttack has usurped the property of the Barabati Palace ( hereinafter referred to as the “property” ) which is situated within the Barabati Stadium complex, an International Stadium and Sport Complex in an illegal manner. A direction has been sought for from this Court that this property is used only for sporting purpose and no other purpose . 4. According to the petitioner, the Collector Cuttack the aforesaid property is managed and is under possession of the Odisha Olympic Association. The said property is now being used for activities other
Legal Reasoning
than the sports activities. The petitioner has challenged the tender Page 1 of 9 2 process for functioning of Mission Shakti Market Complex , alleging that opposite party no 2 Collector, Cuttack in connivance with the opposite party No.3 Olympic Association has caused huge exchequer loss and damage to sporting activities . In order to scaffold the said claim, reference has been made to Krishan Lal Gera vrs. State of Haryana and Others: (2011) 10 SCC 529 where the Hon’ble Apex Court, in a ompletely different context and occasion had observed that the Parliamentary Standing Committee’s report on Human Resources Development emphasized on optimum utilization of the existing sports infrastructure. It has been also observed that some of the huge stadia and other sports infrastructure in the metros are being utilized for different purpose not related to the sporting activities. In paragraph 26 of the said report, it has been further observed that a sports complex cannot be converted into a recreation club. Recreational clubs usually do have provisions for recreation with swimming pool, tennis, badminton, table tennis (indoor and outdoor sports), restaurant with bar, lounges and areas for gathering, interaction, and functions. Merely because a recreational club has provision for some sporting activities 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 for sport persons can be converted into a Page 2 of 9 3 recreational club and nor can a stadium complex be used for non- sporting recreational activities or for holding marriages and other functions, unless it had been planned to provide a recreational club. 5.
Legal Reasoning
Having referred to the said observation, Mr. Nanda, learned Senior Counsel has contended that the property and a few shop rooms had been developed by the Orissa Olympic Association for generation of funding for maintenance of sporting activities. The property-Kalyan Mandap has been lying unused since long. That area may be utilized for extending the sporting activities. If other activities are permitted that shall affect the functioning of Stadium adversely and immensely. 6. Mr. Nanda has submitted that earlier the Odisha Olympic Association was unlawfully running a Kalyan Mandap in that place. It has been admitted by Mr. Nanda, learned Senior Counsel that the Odisha Olympic Association had constructed 23 shops on the adjoining boundary of the land under reference. 7. Mr. Nanda has also drawn our attention to a decision of the Hon’ble Apex Court involving the present space in Orissa Olympic Association through General Secretary vrs. State of Orissa & Another [judgment dated 03.04.2020 in Civil Appeal No. 6450 of 2016 and the subsequent order dated 11.09.2020]. Page 3 of 9 4 8. In the order dated 03.04.2020, the Hon’ble Apex Court has clearly observed as follows: “55. In view of the foregoing analysis, we arrive at the conclusion that the suit land, whereon 23 shops have been constructed and rented out, belongs to the State Government; that a part of the ‘Kalyan Mandap’ is built on the Government land and a portion of it on the leasehold area of the association; that the association could not have constructed the ‘Kalyan Mandap’ in this manner and, therefore, the portion of the land deserves to be resumed by the State Government; that the arrangement entered into by the association with M/s. INCON Associates is absolutely illegal and there is a conflict of interest since the Secretary’s son and son-in-law have been inducted as partners in the concerned firm; that there is revenue loss as the audit report of the Accountant General is appreciated; that the Secretary of the association could not have been instrumental in unauthorised construction on the government land and in generating revenue therefrom; that there is a serious concern about the nature of revenue generation utilisation and the loss sustained; and that the whole thing makes us feel that there is something rotten in the management of the affairs in fiscal aspects. 9. Thereafter, the Hon’ble Apex Court has further observed as follows:- “(i) The Collector, Cuttack, shall take over possession of 23 shops and the ‘Kalyan Mandap’. Page 4 of 9 5 (ii) The Department of Revenue shall be entitled to continue the tenancy and maintain the Kalyan Mandap and manage the affairs of the said property through District Collector, Cuttack. (iii) No tenant or anyone shall be entitled to institute any litigation in any manner in respect of the said property involved in this appeal that has arisen from T.S. No. 312 of 1991 instituted in the Court of Additional Civil Judge, Senior Division, Cuttack. (iv) The government, if it decides to manage the properties by entering into fresh agreement, is at liberty to do so. (v) The agreement between the association and M/s. INCON Associates is declared null and void. (vi) As the conflict of interest is obvious and the Secretary, who is accountable to the public, has failed to conduct himself as required under the law, he is debarred from contesting for any post in the association.” 10. In this public interest litigation (PIL), the petitioner has urged that the said space upon which a part of the Kalyan Mandap had been constructed, cannot be allowed to be utilized for any other purposes other than the sporting activities. 11. Mr. Nanda, learned Senior Counsel has submitted that since the stadium is adjoining to the property , it would be better utilized if the said space is utilized for sporting activities. Page 5 of 9 6 12. The Collector, Cuttack has filed the counter affidavit through Mr. D.K. Mohanty, learned Additional Government Advocate. 13. In the said affidavit, it has been clearly stated that after the said judgment of the Hon’ble Apex Court, the Collector has taken over the possession of the said space including the shops. Resumption of the said area by the State Government was allowed by the Hon’ble Apex Court. Even liberty was granted to the Collector to utilize the said space for any other purpose other than the sporting activities. It is evident from the said decision of the Hon’ble Apex Court that the said space can also be utilized for commercial purpose. 14. Mr. Nanda, learned Senior Counsel has also contended that the space is going to be utilized by the Collector, Cuttack for creating the trading space for the small entrepreneurs in the Collector’s [SHGs] under Mission Shakti. 15. In this regard, it has been clearly stated in the Collector’s affidavit , that the Mission Shakti aims to empower women across the State. It is paramount to establish an eco-system for strengthening livelihood initiatives through creation of a robust marketing and distribution network - a platform where Self Help Groups (SHGs) are able to sell their produce and generate a healthy source of income. With the above objective, as stated, the State Government has planned to set Page 6 of 9 7 up Mission Shakti Bazar at commercial locations or promising tourist places of the districts with high footfalls of consumers/ tourists. The sad Mission is working to facilitate marketing of SHG products ranging from the best of handicrafts, handlooms, food items, organic products, spices, etc. from the Mission Shakti SHGs of the district and other nearby districts. 16. In view of the above, we do not find that the petitioner has made out a case to interfere with the policy of the Government or to restrain them in utilizing the property which the Supreme Court had directed to be taken over by the Government with liberty to use the same for commercial purposes. That apart as we have looked back into the history of the utilization of this land, the said space has been used by the Orissa Olympic Association for running a Kalyan Mandap which is not remotely associated with any sporting activity and the petitioner has also not claimed that it was ever exclusively utilized for sporting activities. 17. It would be apposite to refer to paragraph 15 of the counter affidavit of the Collector, Cuttack, where he has emphasized their objects as follows: “That it may be stated here that the objective behind it, is not to earn revenue but to ensure empowerment of women SHGs of the district and to market their products Page 7 of 9 8 throughout the year which will otherwise develop their livelihoods.” 18. We had noted that this space is not a part of the Barabati Stadium , in which arena sporting events are admittedly held . It has been stated in unison by both counsels that the said space was not utilized for the sporting activities since 1999. 19. We therefore find the concern of the petitioner is totally misplaced. Hence, we decline to issue a writ of prohibition against the Collector, Cuttack District from using the said land / space for purpose of running the Mission Shakti Bazar or allied commercial or promotional activities. 20. As such, we do not find any merit in this public interest litigation (PIL) and hence, the same stands dismissed. 21. As the Barabati Stadium is an important venue for various sporting events of State , National and even International level , before parting with the records we observe that the said property shall be utilized in a manner observing safeguards that its use does not create any disruption in the flow of traffic or the movement of spectators / public to the stadium . 22. The Collector, Cuttack shall take adequate care and caution so that the roads leading to the Stadium and inside the stadium or along Page 8 of 9 9 the property are not obstructed during the sporting activities and events in the Barabati Stadium. 23.
Decision
No order as to costs. (S. Talapatra) Chief Justice puspa (Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 14-Aug-2023 19:30:39 Page 9 of 9