Pradip Kumar Pattnaik vs State Of Odisha & Others
2023 Latest Caselaw 8989 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) No. 23050 of 2023
     Pradip Kumar Pattnaik                     .........                    Petitioner
                                                   Mr. D.P. Nanda, Senior Advocate
                                       assisted by Mr. Sabyasachi Panda, Advocate
                                               Versus
     State of Odisha & Others                  ..........              Opposite Parties
                                                               Mr. D.K. Mohanty, AGA
     CORAM:
                           THE CHIEF JUSTICE
                           JUSTICE SAVITRI RATHO
                                        ORDER

10.08.2023 Order No.

02.

1. This matter is taken up through Hybrid Mode.

2. 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

than the sports activities. The petitioner has challenged the tender

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

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. 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].

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'.

(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.

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

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

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

the property are not obstructed during the sporting activities and events

in the Barabati Stadium.

23. No order as to costs.

                                                                             (S. Talapatra)
                                                                              Chief Justice



                                                                             (Savitri Ratho)
                 puspa                                                          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