The Uttarakhand High Court appreciates the stand taken by the Central Government that sports is a State subject, and the responsibility to construct stadiums, increasing the facilities of sports and other sports related infrastructure rests primarily with State / Union Territory Governments, and that the Central Government only supplements their efforts by bridging critical gaps through some of the schemes implemented by the Ministry.
The Court observed that however, the Central Government should lend its weight and support by supplementing the efforts that the State Government may make in this regard as it would involve development of infrastructure at local / colony levels.
The State government has stated before the High Court that the sports Directorate is alive to the issue raised in the instant public interest litigation, and various deliberations are in progress for formulating a policy in regard to providing appropriate facilities in the colonies, localities and surroundings of the residence of the children, and of the youth, to enable them to pursue their outdoor sporting activities near their homes, without any fear of any damage to the properties or vehicles.
It is further stated that development and planning of the colonies and residential areas is under the domain of the Urban Development Department of the State, and it would be a joint endeavour of the Sports Department and the Urban Development Department of the State to provide all the facilities, as considered by this Court, and to formulate a policy for developing dedicated areas for the outdoor sports activities for the children of the State.
The Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal directed the State to at least provide an outline of the thought process that is being undertaken, and to give before the Court an overview of the arrangements that the respondent State purposes to make to achieve the objective set out in the suo motu petition.
Matter is next listed on 18.10.2023.
On September 18 , the Court issued notice, and directed the Union of India, as well as the State to file their respective responses on the issues raised .
The High Court came across a social media post (a video) which has struck a chord and have, therefore, considered it appropriate to take up the cause exhibited in the said video in public interest, so as to understand – as to what is the policy that the State has formulated, and the policy that it may frame henceforth, to address the issue of deprivation of the rights of children to play in lawns, playgrounds and open areas, in their respective localities.