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Supreme Court of India 2018-11-02 allowed

Himachal Pradesh Cricket Association & Anr vs State of Himachal Pradesh & Ors

Bench: 2 — A.K. Sikri

In Brief

The Himachal Pradesh Cricket Association, initially a registered society, applied for and obtained a lease of government land in Dharamshala in 2002 to build an international cricket stadium at a nominal rent of Re. 1 per month, approved by the Cabinet. It later constructed a club house and hotel on additional leased land at commercial rates. Following a change in government in 2012, FIRs were registered alleging criminal conspiracy, breach of trust, and misappropriation. The Supreme Court quashed these FIRs, holding that no criminal act was disclosed as the leases were granted through proper procedures by senior officers who were not prosecuted, the society's conversion to a company was lawful, and the State retained ownership of the land. The Court found the selective prosecution of junior officials while exonerating senior decision-makers suggested mala fide intent, and that such administrative disputes should be resolved civilly, not criminally.

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