'No Problem With Commercialization But Primary Objective Is Sports': Delhi High Court In Plea Over Siri Fort Complex

The Delhi High Court yesterday remarked that while there is no problem in commercialisation inside the Siri Fort Sports Complex to a certain extent, the primary concern and objective is sports and to provide people a good environment to play.

Justice Jasmeet Singh made the remark while hearing a plea filed by one Rajesh Agarwal, a permanent member of the complex, seeking a direction on the Delhi Development Authority to cease and stop the commercial activities inside the sports complex.

As per Agarwal, there has been blatant and brazen commercialization in the Sports Complex since last year and that DDA has been issuing rampant tenders for the same.

As per the petition, the operating hours of Sports Complex has been extended upto 1 AM from 8 PM to “facilitate commercial activity” in violation of the objectives of the property.

Agarwal is represented by Senior Advocate Puneet Mittal and Advocates  Abhiesumat Gupta, Sakshi Mendiratta, Pranav Mehta and J. Karan Malhotra.

Justice Singh had issued notice on the plea on April 02 and had sought stand of the DDA.

During the hearing on April 06, Justice Singh questioned the DDA while referring to some photographs in relation to certain individuals who had consumed alcohol in violation of the Complex Rules.

Advocate Prabhsahay Kaur appearing for the authority responded that letters have been issued reiterating that it is the mandatory condition that alcoholic drinks shall not be served outside the specified area alloted for fine dining restaurant inside Siri Fort Sports Complex.

“There are two restaurants, Peepal and Table (in the Siri Forts Complex). We are on Table. Peepal is not permitted. Table has two small areas attached to the restaurant, that is the only place for which we are permitting, it is a condition which is there in NIT that he can give it to small gatherings…,” she said.

Justice Singh then responded that the petitioner was opposing “something else” and that the primary grievance is that “you cannot have the lawns being used as banquets.”

On this, Kaur referred to a photograph of Table saying that the small lawn attached to the restaurant was not used for any sporting facility. This is the only one which is permitted, she said.

“Come to page 68. What is this?… You have to understand. There is a problem here. Please serve to people who are using. But if you have a banquet facility…Siri fort, you are not very comfortable in your car parkings. You are always overcrowded. Car parking is an issue only for people who come and play there. They don't get parking. You have to do two or three rounds to get a parking. On top of it, you permit running of these birthday parties or banquets. Are they allowed to get in cars? The people who are coming into these facilities, will they get their cars? How do you manage the infrastructure?,” the judge asked DDA.

He added: “Your primary aim is to get people a good environment to come and play- tennis, swimming, cricket whatever. Fantastic initiative. Personally speaking, I think these are green projects and you have done extremely well to provide Delhi with this. But now please see commercialisation. Again I have no problem, please commercialise it, please make the maximum level but look at it from this scale that you have a party of 100 people. Atleast 20-50 additional cars who are not playing, who have just come for the party. Where do you accommodate them? You will go in your car, you have matters to come, you have that 2 hours window to go do your running, do gymming, swimming… but 15-20 minutes because of these 20 or 30 extra cars, you will not be able to park and there are people who are wanting to go to the driving range, they will have to go through all this. It's not possible.”

On this, Kaur responded that the basement parking is “virtually empty” and that she will ask the officers if the same can be used when the footfall is more.

“According to me the biggest concern was that if there was alcohol being served there, but how are they going to ensure it is not taken outside. The playground is right there. There are children who come there,” Kaur said.

On this, the Court remarked: “Minor variations is a given. See if somebody is playing and needs a drink, whether it's coke or its coke mixed with something. You will never be able to get no. Then again you will take it to those ridiculous proportions. These are procedural issues. We are on the principles.“

“Primary is sports. Commercialisation to a certain extent definitely…. Primary focus is sporting activities. Just keep that in mind and rest we will see. No problem in commercialisation but the primary objective is sports,” Justice Singh remarked. “Yes, the character should not change,” Kaur responded.

Ultimately, the Court issued notice on an amendment application filed by Agarwal seeking similar reliefs qua JLN and Dhyan Chand Stadiums in the national capital

Kaur had opposed the amended application questioning Agarwal's locus. She said that the main petition is predicated on the fact that Agarwal had become member of Siri Fort and thus had locus to file the same but impleading other sports complexes is giving the petition color of a public interest litigation.

However, Mittal said that JLN stadium and Dhyan Chand sports complex is open to individual citizens on daily payment basis and that Agarwal is desirous of using the same, thereby justifying his locus.

Being satisfied on the locus, the Court issued notice on the amended application and impleaded the Sports Authority of India as a respondent in the matter.

The matter will be heard next on May 19.

Title: Rajesh Agarwal v. DDA & Anr