The Madhya Pradesh High Court has recently disposed a PIL whereby the petitioner was aggrieved by the proposal for construction of community hall in the Mahaneeman Stadium in Gram Panchayat Baghraji, Tehsil Kundam, District Jabalpur.
The PIL is filed by Mahima Vishwakarma. Sunil Kumar Pandey, the counsel for the petitioner, submitted that in 2013, a stadium was constructed in the Gram Panchayat Baghraji by the State Government to facilitate and improve sports activities in tribal and rural areas with all necessary requirement to the sportsmen and since the date of construction, all the sportsmen are practicing and doing their exercise in the stadium and the petitioner is also one of the national player from the said stadium.
It is further submitted that the said stadium is also used for the sports activities by residents of tribal and rural areas adjoining the stadium and further used for the regular sports competition by the various sports organizations.
Counsel for the Petitioner informed the Court that as per the judgments passed by the Supreme Court in the cases of Krishan Lal Gera Vs. State of Haryana and others (Civil Appeal No.4924/2011) dated 04-07-2011 and (1999) 1 SCC 53 (J.Jayalalitha Vs. Government of Tamil Nadu and others), the sports ground cannot be used for any activity which is not related to the sports.
It is stated that the Superintendent of Police/ Nodal Officer of the sports activities in District Jabalpur wrote a letter to the SDO (Revenue) Kundam by which he requested the SDO not to permit any activity other than the sports activities without prior permission from the Sports and Youth Welfare Department. On 13-08-2021 a letter was issued by the District Sports and Youth Welfare Officer, Jabalpur to the Tehsildar Kundam in regard to revenue entries to Khasra Nos.420/3, 421 and 422 in the name of Sports and Youth Welfare Department as the land was given to the State Government.
In view of the aforesaid submissions, the Jabalpur Division Bench comprised of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla deemed it proper to dispose of the petition with a direction to the Collector, Jabalpur to consider and decide the grievance of the petitioner after affording opportunity of hearing to the petitioner by passing a speaking order within a period of two months from the date of communication of the order.
The Court further ordered that till the said representation is considered and decided by the respondent Collector, Jabalpur, no construction shall be raised in the stadium in question.