Read Time: 06 minutes

Synopsis

The Bombay High Court has recently observed that the State is obligated to encourage children towards sports which is not only domestic but international perception.

“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 order reads.

The division bench of the Bombay High Court comprising Justice GS Kulkarni and Justice Jitendra Jain was hearing a Public Interest Litigation (PIL) filed by the Indian Institute of Architects. The PIL challenged the planning authority's decision to allocate land originally designated for a government sports complex of international standards for residential development.

According to the State's policy of 2003, the land was earmarked for a sports complex. However, in 2016, it was allocated to a private developer for residential and commercial use. Subsequently, in 2021, the sports complex was relocated 115 km away from the original site to a rural area lacking basic infrastructure facilities.

In its order, the high court noted that the approach of both the state and the City and Industrial Development Corporation (CIDCO) was nebulous regarding the importance of sports.

“We may also observe that 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. A progressive State can never be oblivious of such needs of the society and more particularly, from the international perception,” the bench said.

The bench also said that 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

“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 order states.

Case title: Indian Institute of Architects vs CIDCO & Ors