The Bombay High Court on Tuesday urged the government to prioritise sports alongside the “commercialisation and concretization mantra.”
The HC also emphasised the critical role of sports in the development of individuals and nation-building.
A division bench of Justices G S Kulkarni and Jitendra Jain made these remarks while overruling the Maharashtra government’s 2021 decision to relocate a planned sports complex from Navi Mumbai to a remote area in Mangaon, Raigad district.
The proposed 20-acre sports complex site in Navi Mumbai, initially earmarked in 2003, was partially allotted to a private developer for residential and commercial purposes by the planning authority in 2016.
The High Court’s decision came in response to a public interest litigation filed by the Indian Institute of Architects, Navi Mumbai Centre, which challenged the state government’s decision to shift the sports complex and the City and Industrial Development Corporation Ltd (CIDCO) for allocating the land to a private developer.
Government’s approach under scrutiny
“A progressive state can never be oblivious of such needs of the society,” the division bench stated.
The judges also criticised the government for its failure to create open spaces, playgrounds, and sports complexes as future rights of citizens.
“The authorities are required to be alive to not only the present but the future rights of citizens for open places, playgrounds, and sports complexes,” the bench stated.
The bench expressed concern over the increasing commercialization and urbanization of public land in metro cities like Mumbai and Navi Mumbai.
“We may observe that considering the present plight of metro cities as Mumbai, Navi Mumbai or the adjoining areas have developed further concretization and commercial exploitation on lands earmarked for such public facilities certainly needs to be curtailed,” they said.
The court emphasized the importance of the sports complex for children and youth, who form a significant portion of the urban population.
“Sports play a significant role in the development of citizens and the nation and it is high time the government also becomes conscious of this fact,” the judges said. They stressed that these issues should be given equal importance as commercial interests.
The court quashed the Maharashtra government’s decision to shift the proposed sports complex and directed CIDCO to hand over the land to the government immediately. However, the order has been stayed for four weeks to allow CIDCO time to file an appeal in the Supreme Court.
Clash of public and commercial interest
The judges criticized the nebulous approach of the government and authorities towards the importance of sports in modern times.
“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 sports,” they remarked, emphasizing that this contributes to creating a robust and healthy society.
The court called the government’s decision to relinquish the land in Ghansoli and shift the sports complex to Mangaon as being against the public interest.
The decision seemed aimed at promoting commercial utilization of the land, catering to developers’ interests rather than public amenities.
The judges questioned the extent of current urban development and the sacrifice of public amenities like playgrounds, parks, and sports complexes.