- (1.) BY this petition the petitioner has prayed for initiating contempt proceedings against the respondents for willfully disobeying order dated 20.09.2001 passed by the Division Bench of this High Court in D.B. Civil Writ Petition (PIL) No.3371/1996.
(2.) THE main prayer of the petitioner in Public Interest Litigation was that State of Rajasthan and respondents therein be directed not to use Sawai Man Singh Stadium for activities other than sports. The petition was disposed of with directions to the State Government to celebrate only two national events i.e. 15th August, and 26th January in the Stadium. The authorities were also permitted to use the Helipad, constructed on a small portion of the Stadium, to receive national high dignitaries such as the President of India, the Prime Minister of India, Governor, Chief Minister and other foreign dignitaries. In the order it was made clear that the land in Stadium will not be permitted to be utilised for any other purpose other than sports and allied activities. Sadly despite specific directions against the State Government and District authorities not to allow the land in Stadium for purposes other than sports activities, it was being used for marriage parties, catering etc. It is in this background, the petitioner filed the present contempt petition.
(3.) THE matter was heard on different dates, and different directions were issued from time to time. Lastly, in compliance of the order of the court, Chief Secretary to the Government of Rajasthan has filed his affidavit stating as under: - 1. That I have taken over the charge of the office of the Chief Secretary to the Government of Rajasthan with effect from 22.12.2013. The factum of pendency of the abovenoted contempt petition was brought to my notice for the very first time on 29.3.2014 by Mr. Ajit Kumar Singh, the present Pr. Secretary, Sports and Youth Affairs Department. 2. That I submit that having come to knowledge the abovestated contempt petition, I called the officers of the Rajasthan State Sports Council alongwith their relevant record and had meetings with them to get acquainted with the facts of the case. Upon perusal of the record, it was revealed that a memorandum of understanding (MOU, for short) was entered into between Rajasthan State Sports Council (RSSC, for short) and Rajasthan Cricket Association (RCA, for short) on 30.12.2005 with a view to allow RCA to develop facilities, inter -alia, to house a cricket academy to nurture talent in Rajasthan and give them the environment and facilities required in modern age sport including the facilities such as gymnasium, all weather net with 12 pitches, fully equipped with bowling machines and coaching software, video room, learning center, lecture room, facilities for sports science and medicine, coaches room and players locker room. The MOU dated 30.12.2005 was to remain in force till 31.12.2009. Thereafter, on 8.8.2007 a memorandum of understanding was entered into between RSSC and RCA as BCCI had laid down a condition that it would provide financial assistance to only those associations which have their own lands or permission to use land for a minimum period of 15 years. In terms of clause 11 of MOU, RSSC allowed the use of academy premises developed by RCA for further development of the game. Further, as per clause 1.2 of MOU, the land adjacent to the cricket academy was earmarked and set apart for further utilization for the purpose of sports centre as per mutually agreed terms. As per clause 2.4 of MOU, RCA had undertaken that the playfield and premises would be used exclusively and only for coaching/training of the players and never for any non -sporting purposes. The MOU in question was effective with effect from 8.8.2007 to 21.7.2023. Simultaneously, in continuation of MOU dated 30.12.2005 another MOU was entered into between RSSC and RCA on 8.8.2007 thereby RCA was allowed by RSSC to use and further develop the south, north and east pavilions for a period upto 31.12.2012 and RCA had undertaken, inter -alia, to develop infrastructure facilities for imparting training and other facilities to cricketers of Rajasthan, on the area/premises they were being allowed to use by virtue of MOU. As per clause 2.4 of MOU dated 8.8.2007, RCA had undertaken to ensure that the places in premises would be used exclusively and only for coaching/training of the players and never for any non -sporting purposes. Under clause 6 of the MOU dated 8.8.2007, RCA had undertaken not to allow the use of the premises of the council by any other person, body or institution. Further, under clause 9, it was stated on behalf of the RCA that in case any breach of any conditions of the MOU was noticed by the Pr. Secretary/Secretary, Sports Department, the MOU shall stand terminated. The MOU dated 8.8.2007 was effective till 21.7.2012 and after the expiry of the term of the MOU, a fresh memorandum of understanding was entered into between the State of Rajasthan and Rajasthan Cricket Association on 10.2.2013 with almost similar terms and conditions as contained in the earlier MOU. Copies of the MOU dated 30.12.2005, 8.8.2007 and 10.2.2013 are enclosed herewith and marked as ANNEXURE A -1 to ANNEXURE A -4, respectively. 3. That I submit that from a perusal of the record, it is also revealed that Government of Rajasthan as well as Sports and Youth Affairs Department has always been vigilant to ensure that the SMS Stadium is not utilised for any other purpose other than the sports purposes and allied activities. I submit that as soon as the contents of the rejoinder -affidavit filed by the petitioner in the above -stated contempt petition were brought to my notice in the meetings held with the authorities of the RSSC after 29.3.2014, instructions were issued to the Pr. Secretary, Department of Sports and Youth Affairs to ensure compliance of the directions issued by the Hon'ble Rajasthan High Court, Jaipur Bench vide judgment dated 20.9.2001 passed in D.B. Civil Writ Petition (PIL) No.3371/1986. I submit that in pursuance of the instructions , the Pr. Secretary, Sports and Youth Affairs Department has issued notice dated 21.4.2014 to Rajasthan Cricket Association, seeking verification regarding alleged violations of the provisions of the MOU, and also calling upon them to strictly comply with the directions issued by this Hon'ble Court vide judgment dated 20.9.2001 and MOU dated 10.2.2013 and to also provide information failing which, the Government would be constrained to rescind the MOU and resume possession of the premises. A copy of the said notice dated 21.4.2014 is enclosed herewith and marked as ANNEXURE A -5. 4. That by no stretch of imagination I have ever thought of flouting or disobeying any order passed by this Hon'ble Court. I submit that the instances mentioned in the contempt petition and the additional affidavit filed by the petitioner appear neither intentional nor deliberate. In any case, necessary instructions have been issued so as to ensure compliance of the directions dated 20.9.2001 issued by this Hon'ble Court.;