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2014 DIGILAW 2029 (RAJ)

Vijay Singh Poonia v. State of Raj.

2014-12-05

SUNIL AMBWANI, VEERENDR SINGH SIRADHANA

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Hon'ble AMBWANI, ACTG. C.J.—We have heard learned counsel appearing for the parties. 2. In this review petition, we had passed the following order on 17.9.2014:- Learned Advocate General appearing for the State of Rajasthan prays for two weeks' time to file reply to the review petition. We have examined the settlement dated 11.8.2000 arrived at between the Government of Rajasthan, Jaipur Development Authority and Rambagh Golf Club, Jaipur, in which it was agreed that the land and the Golf Club will belong to the Jaipur Development Authority and will be known as “Jaipur Development Authority Golf Club”. The agreement was accepted by the Court and the orders were upheld by Hon'ble Supreme Court. We expect the State Government and Jaipur Development Authority to have a control over the Golf Club, and to allow the properties and the management of Golf Club to be utilized in accordance with law for public purpose. We also expect that all the activities, which are not associated with sports, will be stopped and the parking lots will be made open to the general public, for use of the park. It would be open to the Jaipur Development Authority to pass appropriate orders, and to annex the same alongwith their reply. List on 9.10.2014.” 3. It is submitted by the review-petitioner that our orders have not been carried out, and that despite a settlement dated 11.08.2000, arrived at between the Government of Rajasthan, Jaipur Development Authority and Rambagh Golf Club, Jaipur, referred to in paragraph-19 of the judgment, in Rajasthan Polo Club vs. State of Rajasthan & 7 Others (D.B. Civil Special Appeal No.847/1996), decided on 25.09.2001, reported in 2002(1) WLC (Raj.) 1 = RLW 2001(4) Raj. 424, non-sporting activities and those which are detrimental to the environment of the Central Park, are being carried out unabated. It is submitted that a Bar is being run in the Club House with a licence from the Commissioner, Excise Department, Government of Rajasthan, in the premises of the Club House of the Golf Club. It is admitted that the Bar remains open up to 11 o' clock in the night and that the Club House is used for private parties, catering to its 1800 members, most of whom belong to the elite of Jaipur. It is admitted that the Bar remains open up to 11 o' clock in the night and that the Club House is used for private parties, catering to its 1800 members, most of whom belong to the elite of Jaipur. It is also admitted that despite settlement dated 11.08.2000, no Memorandum of Understanding has been entered into between the JDA and the Jaipur Golf Club, nor any modalities have been worked out for payment of lease rent, and for running of the Club in the Rambagh Campus, also known as Central Park, on the land acquired by the State of Rajasthan and is under the management of JDA. 4. We may quote, with benefit, the settlement dated 11.08.2000, which was accepted by the Court in Rajasthan Polo Club vs. State of Rajasthan & 7 Others (supra), as follows:- “1. As a part of its proposed scheme of city level park on the acquired land or Rambagh campus, JDA will have an 18-hole gold course including a Club House. For this purpose, JDA will engage a Gold expert to design (including redesigning/relaying, if required) a 18-hole golf course so that it is accommodated in minimum possible area and integrates and complements the polo and the public park uses of the land. A suitable site will be identified for the stables of Polo Ground and exercise of horses. 2. This 18-hole golf course will be owned by Jaipur Development Authority and shall be know as 'JDA Golf Course' and will be managed and controlled by the Golf Club (in accordance with its Constitution and Articles of Association) whose President would be the Secretary, Urban Development, Govt. of Rajasthan and Jaipur Development Commissioner would be its Vice President. Other modalities and lease rent to be paid by the Club to JDA will be decided in due course. 3. The land used by Rajasthan Polo Club would be owned by Jaipur Development Authority and Secretary, Urban Development, would be the President of the Club and JDC would be the Vice President. 4. Rambagh Golf Club will arrange before 22.8.2000 the withdrawal of all the three writ petitions which led to the passing of the judgment by the Hon'ble Single Bench on 24.5.96. Whereupon JDA and Polo Club will also withdraw their D.B. appeals (3 each). 4. Rambagh Golf Club will arrange before 22.8.2000 the withdrawal of all the three writ petitions which led to the passing of the judgment by the Hon'ble Single Bench on 24.5.96. Whereupon JDA and Polo Club will also withdraw their D.B. appeals (3 each). Hon'ble Division Bench will be requested to allow all these withdrawals and set aside the judgment passed by Hon'ble Single Bench in view of the settlement reached between the parties. Consequently, the JDA will also withdraw the SLPs pending before the Hon'ble Supreme Court. 5. Pending designing of the golf course, and in anticipation of the withdrawal of the litigation as above, JDA will immediately start the development of the two parking lots (proposed along P.R. Road & B.D. road) and development of the park from the PR Road/BD Road end in view of the forthcoming international Rajasthan/Conclave 2000 starting from 23.9.2000 in Jaipur.” 5. In the operative portion of the judgment, a direction was given in paragraph 107, that the settlement arrived at by the State Government, Rambagh Golf Club and Rajasthan Polo Club, is valid. 6. We are distressed to observe that despite settlement dated 11.08.2000, modalities for lease rent and other arrangement, to be paid by the Club to the JDA, in a Memorandum of Understanding, have not been worked out between the State Government, JDA, Jaipur Golf Club and Rajasthan Polo Club. 7. The entire land, which situate in front of the High Court, was acquired by the State Government. There were contentious litigations, from which six Special Appeals had arisen, and were decided on a settlement by a judgment in Rajasthan Polo Club vs. State of Rajasthan & 7 Others (supra). The entire object of the settlement dated 11.08.2000, was to allow the sporting activities of the Golf Club and Rajasthan Polo Club, for the benefit of the general public. 8. After hearing learned counsel appearing for the parties, prim-facie we are satisfied that the State Government and the JDA, have grossly neglected in performance of their duties and have allowed the Jaipur Golf Club and Rajasthan Polo Club, to be a centre for pleasure run by the societies for the elite of the city of Jaipur, in which it is admitted that corporate membership is being offered at Rs.5 lacs, lifetime membership at Rs.2.5 lacs, permanent membership at Rs.1 lac, and even temporary membership is offered at Rs.35,000/-. The Club provides facilities of liquor in the Bar and arranges for parties, which are carried late into the night. 9. The Rajasthan Polo Club, situate in the park, has also allowed the activities, including stable for hundreds of horses, generators, and the facility of serving liquor, on a public land, in the heart of the city. 10. Learned counsel appearing for the JDA states that in all the meetings of the Club, the Officers of the JDA had participated, and that efforts are made so that the park is used only for sporting activities. Learned counsel, however, admits that Memorandum of Understanding, for the use of the land, for which the settlement provided for construction of 18-hole Golf Course and other arrangements have not been settled as yet. 11. Learned counsel appearing for the Jaipur Golf Club states that the facilities of gymnasium, swimming pool and Bar, have been provided, for use of the members of the Jaipur Golf Club. He admits that the Bar entertains parties and remains open upto 11 o' clock in the night. 12. We have already entertained the review petition, to consider and monitor as to whether the prime land in the heart of the City, acquired by the State Government, to be used under settlement, can be appropriated by few individuals for running the Club, in which non-sporting activities are carried on. The stables for the horses in the park, and the use of generators, have also raised serious environmental issues in the heart of the city of Jaipur, also requires consideration by the Court. 13. As an interim measure, we direct the Jaipur Golf Club, and the Rajasthan Polo Club, to immediately stop non-sporting activities in their premises. No further cutting of trees and constructions will be permitted, and if any construction is in progress, the same shall be stopped until it is approved by the JDA, and for which, the JDA will take into consideration the object of settlement, referred to as above. 14. We direct the Commissioner, Excise, Government of Rajasthan, to forthwith suspend the licence for running the Bar, and for sale of liquor in the public park, including Jaipur Golf Club, and the Rajasthan Polo Club. 15. 14. We direct the Commissioner, Excise, Government of Rajasthan, to forthwith suspend the licence for running the Bar, and for sale of liquor in the public park, including Jaipur Golf Club, and the Rajasthan Polo Club. 15. We further direct that the Jaipur Golf Club, and the Rajasthan Polo Club, shall stop its sporting activities, latest by 8 o' clock in the evening, and will not allow entry to its members and general public, except for the staff for security and maintenance. 16. The Principal Secretary, Urban Development, Government of Rajasthan, and the Commissioner, Jaipur Development Authority, shall hold meetings to enter into a Memorandum of Understanding, in pursuance to the settlement, referred to as above, within a period of one month. In the Memorandum of Understanding, they will ensure that letter and spirit of the settlement is carried out, and that the land in the Central Park, set apart for the sporting activities, Golf and Polo, is used strictly for such purposes and for the benefit of general public. No activities other than sporting activities, will be permitted in the Memorandum of Understanding. 17. We direct the Principal Secretary, Urban Development, Government of Rajasthan, Commissioner, Jaipur Development Authority, Municipal Commissioner, Jaipur Municipal Corporation, and the Commissioner of Police, Rajasthan, Jaipur, to ensure that our orders are strictly complied with by all concerned.