pravin maru 30 May 2023

Restriction on public access and permit room in sports complex on government allotted land

I would like to seek legal guidance regarding a situation involving a charity trust/society that has constructed a sports complex on government land, which was allotted to them on lease by the collector for development and maintenance purposes. However, the trust is currently restraining people from entering the premises and even running an unauthorized permit room within the complex. Upon examining the Development Plan (DP) remark, it is mentioned that the land is reserved for RG EOS2.6

Restriction on Public Access: Despite being built on government land, the charity trust/society is preventing people from entering the sports complex. What are the rights of the public in this situation, and can the trust legally restrict access to the premises?
Unauthorized Permit Room: It has come to my attention that the trust is operating a permit room within the sports complex, which appears to be unauthorized. Is this a violation of any laws or regulations? What are the potential consequences for the trust if they are indeed running an unauthorized establishment?
Development Plan (DP) Remark: The DP remark for the land in question mentions that it is reserved for RG EOS2.6. Could you provide clarification on the significance of this remark and how it may impact the legality of the trust's activities on the premises?

I would greatly appreciate any legal insights, guidance, or relevant statutes that pertain to this situation. Additionally, if there are any potential courses of action that can be taken to address these issues, please advise on the appropriate steps to be followed.

Thank you in advance for your assistance in this matter.

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Pankhuri Rastogi 18 October 2024

Hello Pravin,

I have gone through your issue regarding the violation of public rights, and I would like to answer this query.

The sports complex, which is questionable in the given situation, is situated on government land and has been specifically designated for the use of recreational purposes by the Development Plan (RG EOS2.6). According to this, this land should be open to the general public freely, but there are some issues that are being raised.

The public is facing restrictions regarding the use of the sports complex. According to law, any restrictions that are being imposed by the authorities concerning public access are violating the fundamental right that is being governed by Article 19(1)(d) of the Indian Constitution, which ensures the right to move freely in any part of the territory of India.

It is unlawful to deny access, without any reasonable cause, to any public area that is significantly meant for recreational purposes. This can also be seen in the case of Municipal Corporation of Greater Mumbai vs. Kohinoor CTNL Infrastructure Co. Pvt. Ltd. (2017), where restriction to public access unless justified by exceptional reasons was upheld.

Additionally, the trust can face serious consequences as the operation of an unauthorized permit room within the sports complex, situated on the government land, can complicate the case as all the trusts or organizations that are managing the land of the government must follow the legal guidelines governing its use. This type of activity breaches the terms of the usage of the land and can cause legal consequences like fines or even the revocation of the lease agreement.

At last, it is advisable to file a petition or lawsuit against the trust, mentioning the illegal activities going on in the sports complex and claiming appropriate actions from the authorities to restore the lawful use of land.

Thank you for reaching out to us.

Feel free to ask if any follow-up questions are there.

Restriction on public access and permit room in sports complex on government allotted land

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