MUMBAI: Sports wisdom obviously for the public can not be kept unimplemented as a ‘paper policy’, he said Bombay High Court, emphasized the importance of the nation’s development capacity for sports. HC was upbraided Maharashtra UDD officials for the “lackadaisical approach” that “failed miserably” for 20 years to implement the one-time step to set up an international standard government sports complex at Ghansoli on 20 acres of 61 acres. CIDCO plots.
The HC said that “it is inconceivable that the state government in the affidavit submitted by Shri. Aseemkumar Gupta, Principal Secretary (Urban Development Department) as recorded in the minutes of the meeting (July 2023), could establish that the value of the land (20 hectares) provided for Government sports complex as demanded by CIDCO will be Rs 2500 crores” and “very surprising for the principal secretary not holistically consider the issue of arbitrary part of the land” for builders.
The HC revoked CIDCO (City Industrial Development Corporation Ltd)’s 2017 allotment of a portion of Navi Mumbai land to the builder, Progressive Homes, for commercial use and also set aside the State’s move to shift the sports complex from Navi Mumbai to a remote rural site in Mangaon taluka, 115 km away.
CIDCO’s allotment of land to builders for housing complex was “not only objectionable but wholly arbitrary and illegal” said HC. CIDCO should act with “common sense” said HC.
“It is important that sports has gained international importance, the main thing is to have effective and free sports facilities,” said the division bench of Justices Girish Kulkarni and Jitendra Jain, shocked that the State abandoned the land for its prime commercial exploitation by builders.
The court paved the way for better sports facilities and policies in the country and was in a public interest litigation (PIL) filed in 2019. The PIL asked that vacant land was laid in 2003 in GR for the ‘Government Sports Complex’ in Navi Mumbai. , must be concrete and sacrifice. Indian Institute of Architects, Navi Mumbai chapter has filed a PIL through Shekhar Bagool and Kaushal Jadia. Out of 61 hectares, 41 will be given to NNMC to build a sports complex and 20 will be developed by the State.
The state said of the 41 acres meant for the Navi Mumbai Municipal Corporation to build a sports complex, CIDCO has handed over 36 acres to the civic body to build the complex. But the PIL said that the remaining 20 acres had been “illegally disposed of” and the complex on the land was shifted to Nanore village, by a 2021 state decision.
CIDCO is the new town planning authority and the HC and its current actions are “arbitrary.
“It is inconceivable” the HC said, that the state cannot use the plot for public purposes. Slamming the state, the HC said, “It’s time the state became aware of the importance of children and youth in Mumbai and Navi Mumbai and the large adjacent areas are available for all kinds of sports facilities.” HC directed CIDCO to hand over all plots in sector 12 and 12A as earmarked, for the State for sports complex, for free or at govt rates, saying “Sports play a significant role in the development of citizens and the nation.’ ‘
The government and civic authorities are fighting hard to fight PIL. There have been 28 affidavits filed in the matter in the last five years.
The HC heard advocate Indrajeet Kulkarni for the petition architect, advocate Nitin Gangal for CIDCO, senior advocate YS Jahagirdar for the builder, BV Samant AGP for the State and advocate Tejesh Dande for NNMC, and investigated the law governing sports, the importance of promotion. sports and sports programs that are right for the State and said the State can develop an additional sports complex in Village Nanore, Mangaon as well.
HC However, at the request of CIDCO and the State, stayed the order for four weeks so that they can challenge the decision before the Supreme Court.
The HC said it was “beyond imagination” how a sports complex that would complete the urban agglomeration could be moved to a place where there is no infrastructure including rail, road or air connectivity, to ensure regular use.
The HC while condemning the state’s move to shift the proposed sports complex out of Navi Mumbai said, “It is thus clearly seen, that the decision to shift the Government sports complex from Ghansoli to Nanore was taken at a higher level and with the stroke of a pen. without thinking about the fact that is on the record.”Judge Kulkarni who wrote the 134-page verdict said, “It is inconceivable that the land in Ghansoli, Navi Mumbai, reserved for the Government Sports Complex, cannot be used. for 18 years,” adding, “Furthermore, the necessary infrastructure for sportsmen and other activities necessary in relation to it will certainly not be available, which can be found in the cities of these cities and it is unimaginable to use the sports facilities regularly even if they are provided in Nanore Village can be used by the youth and children, who are the citizens of the city”.
On the land cost aspect, the HC was surprised that CIDCO was able to give 36 acres to NNMC with a rent premium of Rs 22 crore, so even though there was a law limiting the limit in the MRTP Act, how could CIDCO ask for an “impossible amount. Rs 2500 crore from the State ?” “for a plot of only 20 hectares. “There should be a sense of proportion in the price of the land, which is not different in nature,” said the HC about the state’s failure to correct” defects in the 2023 meeting,” he said. Sorry, at a higher level of government, executive decisions made by officials it was not corrected before it was taken to be examined by the court.”
“Therefore, we are of the clear opinion that the decision of the State Government, allegedly, to release the CIDCO land in Ghansoli, so that it will not be utilized for the Government Sports Complex, is absolutely illegal and arbitrary, seen from any angle. In our opinion, there is no need for the State Government take a hasty decision during the pendency of the petition and consider the case of the petitioner as made in the petition, as well as in the teeth of CIDCO to make an allotment of land from the land reserved for the Government Sports Complex, for private parties (builders) and take -an unjustifiable–the decision to move them to Village Nanore, a remote area in Raigad District.”
What the HC said:
· We can repeat that in the current case, the earmarking of land by CIDCO for the Government Sports Complex in the zoning or in the development plan that CIDCO formulated, implemented, and adhered to no less than the reservation as made in the public interest. in favor of the Government on the land in question proposed to be utilized for the Government sports complex.
* It is inconceivable that the land in Ghansoli, Navi Mumbai, reserved for the Government Sports Complex, can remain unused for 18 years.
* The authorities must live not only now but the rights of citizens in the future for open spaces, playgrounds, and sports complexes, so that they can be enjoyed by ordinary people.
* In our opinion, the Government Sports Complex is very important for the children and youth who constitute a large population in the urban areas around Navi Mumbai.
* It is totally against the public interest to reduce the Government Sports Complex and the availability of the best sports facilities to increase the interest in sports, not only according to the policy of the Government of India but also of the State Government.
* The state can have an additional sports complex in Raigad but it cannot be replaced by the one meant for Navi Mumbai.
* In inviting bids for housing projects, CIDCO always changed the status of the land allotted for the Government sports complex to be given in the open market.
* CIDCO has taken a consistent position since 2003 until bids were invited in August 2016, that the land in Sector 12 and Sector 12A, will remain earmarked for the Government sports complex.
* It is quite surprising that CIDCO says that it has not heard of the State Government taking and using land for sports complex, so it is considered appropriate that the same can be given to private parties by dividing it into plots. .
* In my opinion, in the beginning, the non-utilization of the land even though ear-marked and completed to the knowledge of the sports department itself has caused unimaginable prejudice to citizens who are deprived of sports facilities.
The HC said that “it is inconceivable that the state government in the affidavit submitted by Shri. Aseemkumar Gupta, Principal Secretary (Urban Development Department) as recorded in the minutes of the meeting (July 2023), could establish that the value of the land (20 hectares) provided for Government sports complex as demanded by CIDCO will be Rs 2500 crores” and “very surprising for the principal secretary not holistically consider the issue of arbitrary part of the land” for builders.
The HC revoked CIDCO (City Industrial Development Corporation Ltd)’s 2017 allotment of a portion of Navi Mumbai land to the builder, Progressive Homes, for commercial use and also set aside the State’s move to shift the sports complex from Navi Mumbai to a remote rural site in Mangaon taluka, 115 km away.
CIDCO’s allotment of land to builders for housing complex was “not only objectionable but wholly arbitrary and illegal” said HC. CIDCO should act with “common sense” said HC.
“It is important that sports has gained international importance, the main thing is to have effective and free sports facilities,” said the division bench of Justices Girish Kulkarni and Jitendra Jain, shocked that the State abandoned the land for its prime commercial exploitation by builders.
The court paved the way for better sports facilities and policies in the country and was in a public interest litigation (PIL) filed in 2019. The PIL asked that vacant land was laid in 2003 in GR for the ‘Government Sports Complex’ in Navi Mumbai. , must be concrete and sacrifice. Indian Institute of Architects, Navi Mumbai chapter has filed a PIL through Shekhar Bagool and Kaushal Jadia. Out of 61 hectares, 41 will be given to NNMC to build a sports complex and 20 will be developed by the State.
The state said of the 41 acres meant for the Navi Mumbai Municipal Corporation to build a sports complex, CIDCO has handed over 36 acres to the civic body to build the complex. But the PIL said that the remaining 20 acres had been “illegally disposed of” and the complex on the land was shifted to Nanore village, by a 2021 state decision.
CIDCO is the new town planning authority and the HC and its current actions are “arbitrary.
“It is inconceivable” the HC said, that the state cannot use the plot for public purposes. Slamming the state, the HC said, “It’s time the state became aware of the importance of children and youth in Mumbai and Navi Mumbai and the large adjacent areas are available for all kinds of sports facilities.” HC directed CIDCO to hand over all plots in sector 12 and 12A as earmarked, for the State for sports complex, for free or at govt rates, saying “Sports play a significant role in the development of citizens and the nation.’ ‘
The government and civic authorities are fighting hard to fight PIL. There have been 28 affidavits filed in the matter in the last five years.
The HC heard advocate Indrajeet Kulkarni for the petition architect, advocate Nitin Gangal for CIDCO, senior advocate YS Jahagirdar for the builder, BV Samant AGP for the State and advocate Tejesh Dande for NNMC, and investigated the law governing sports, the importance of promotion. sports and sports programs that are right for the State and said the State can develop an additional sports complex in Village Nanore, Mangaon as well.
HC However, at the request of CIDCO and the State, stayed the order for four weeks so that they can challenge the decision before the Supreme Court.
The HC said it was “beyond imagination” how a sports complex that would complete the urban agglomeration could be moved to a place where there is no infrastructure including rail, road or air connectivity, to ensure regular use.
The HC while condemning the state’s move to shift the proposed sports complex out of Navi Mumbai said, “It is thus clearly seen, that the decision to shift the Government sports complex from Ghansoli to Nanore was taken at a higher level and with the stroke of a pen. without thinking about the fact that is on the record.”Judge Kulkarni who wrote the 134-page verdict said, “It is inconceivable that the land in Ghansoli, Navi Mumbai, reserved for the Government Sports Complex, cannot be used. for 18 years,” adding, “Furthermore, the necessary infrastructure for sportsmen and other activities necessary in relation to it will certainly not be available, which can be found in the cities of these cities and it is unimaginable to use the sports facilities regularly even if they are provided in Nanore Village can be used by the youth and children, who are the citizens of the city”.
On the land cost aspect, the HC was surprised that CIDCO was able to give 36 acres to NNMC with a rent premium of Rs 22 crore, so even though there was a law limiting the limit in the MRTP Act, how could CIDCO ask for an “impossible amount. Rs 2500 crore from the State ?” “for a plot of only 20 hectares. “There should be a sense of proportion in the price of the land, which is not different in nature,” said the HC about the state’s failure to correct” defects in the 2023 meeting,” he said. Sorry, at a higher level of government, executive decisions made by officials it was not corrected before it was taken to be examined by the court.”
“Therefore, we are of the clear opinion that the decision of the State Government, allegedly, to release the CIDCO land in Ghansoli, so that it will not be utilized for the Government Sports Complex, is absolutely illegal and arbitrary, seen from any angle. In our opinion, there is no need for the State Government take a hasty decision during the pendency of the petition and consider the case of the petitioner as made in the petition, as well as in the teeth of CIDCO to make an allotment of land from the land reserved for the Government Sports Complex, for private parties (builders) and take -an unjustifiable–the decision to move them to Village Nanore, a remote area in Raigad District.”
What the HC said:
· We can repeat that in the current case, the earmarking of land by CIDCO for the Government Sports Complex in the zoning or in the development plan that CIDCO formulated, implemented, and adhered to no less than the reservation as made in the public interest. in favor of the Government on the land in question proposed to be utilized for the Government sports complex.
* It is inconceivable that the land in Ghansoli, Navi Mumbai, reserved for the Government Sports Complex, can remain unused for 18 years.
* The authorities must live not only now but the rights of citizens in the future for open spaces, playgrounds, and sports complexes, so that they can be enjoyed by ordinary people.
* In our opinion, the Government Sports Complex is very important for the children and youth who constitute a large population in the urban areas around Navi Mumbai.
* It is totally against the public interest to reduce the Government Sports Complex and the availability of the best sports facilities to increase the interest in sports, not only according to the policy of the Government of India but also of the State Government.
* The state can have an additional sports complex in Raigad but it cannot be replaced by the one meant for Navi Mumbai.
* In inviting bids for housing projects, CIDCO always changed the status of the land allotted for the Government sports complex to be given in the open market.
* CIDCO has taken a consistent position since 2003 until bids were invited in August 2016, that the land in Sector 12 and Sector 12A, will remain earmarked for the Government sports complex.
* It is quite surprising that CIDCO says that it has not heard of the State Government taking and using land for sports complex, so it is considered appropriate that the same can be given to private parties by dividing it into plots. .
* In my opinion, in the beginning, the non-utilization of the land even though ear-marked and completed to the knowledge of the sports department itself has caused unimaginable prejudice to citizens who are deprived of sports facilities.
