DELHI RACE CLUB LTD Vs. UNION OF INDIA
LAWS(SC)-2012-7-31
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on July 13,2012

DELHI RACE CLUB LTD Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

LATHAM,C.J.,IN MATTHEWS V. CHICORY MARKETING BOARD [REFERRED TO]



Cited Judgements :-

ATC TELECOM INFRASTRUCTURE PRIVATE LIMITED VS. STATE OF GUJARAT [LAWS(GJH)-2017-4-449] [REFERRED TO]
SPORTS & LEISURE APPAREL LTD VS. MCD [LAWS(DLH)-2014-11-74] [REFERRED TO]
BIPLAB KUMAR GHOSH VS. UNION OF INDIA [LAWS(TRIP)-2013-10-6] [REFERRED TO]
D. MANIKANDAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2013-8-49] [REFERRED TO]
KOSHY, T. VS. BAR COUNCIL OF KERALA AND OTHERS [LAWS(KER)-2016-11-86] [REFERRED TO]
STATE OF KERALA VS. THARA JAYAKUMAR [LAWS(KER)-2015-4-60] [REFERRED TO]
ADANI GAS LIMITED VS. AHMEDABAD MUNICIPAL CORPORATION AND ORS [LAWS(GJH)-2013-10-272] [REFERRED TO]
ATC TELECOM INFRASTRUCTURE PRIVATE LIMITED VS. STATE OF GUJARAT [LAWS(GJH)-2017-4-273] [REFERRED TO]
SHUBH ENTERPRISES VS. THE UNION OF INDIA AND ORS. [LAWS(SIK)-2015-10-5] [REFERRED TO]
MAA UMA AGRI FOOD PVT LIMITED VS. STATE OF UTTARAKHAND [LAWS(UTN)-2014-12-38] [REFERRED TO]
MUNICIPAL CORPORATION OF GREATER MUMBAI VS. PROPERTY OWNERS ASSOCIATION [LAWS(SC)-2022-11-27] [REFERRED TO]
THARA JAYAKUMAR VS. STATE OF KERALA [LAWS(KER)-2014-8-826] [REFERRED TO]
KIRAN ANANDRAO PAWAR VS. CHIEF GENERAL MANAGER, IRB KOLHAPUR INTEGRATED ROAD DEVELOPMENT COMPANY PVT LTD [LAWS(BOM)-2014-10-131] [REFERRED TO]
INDUS TOWERS LTD VS. STATE OF GUJARAT [LAWS(GJH)-2017-4-471] [REFERRED TO]
STATE OF UTTARAKHAND VS. KUMAON STONE CRUSHER [LAWS(SC)-2017-9-108] [REFERRED TO]
CHENNAI CITY AUTO OOTUNARGAL SANGAM, REPRESENTED BY ITS SECRETARY J.MANOHAR (W.P.NO.1598 OF 2017) VS. THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, UNION GOVERNMENT OF INDIA, NEW DELHI [LAWS(MAD)-2017-4-4] [REFERRED TO]
TANGKHAM M. SANGMA VS. STATE OF MEGHALAYA AND ORS. [LAWS(MEGH)-2015-6-31] [REFERRED TO]
M/S GUJARAT AMBUJA EXPORTS LTD VS. STATE OF UTTARAKHAND [LAWS(SC)-2015-12-22] [REFERRED TO]
SOBHA LIMITED VS. STATE OF KARNATAKA [LAWS(KAR)-2024-4-23] [REFERRED TO]
UNION OF INDIA VS. MUNICIPAL CORPORATION OF GREATER MUMBAI AND ORS. [LAWS(BOM)-2017-12-325] [REFERRED TO]
DELHI INTERNATIONAL AIRPORT (P.) LTD. VS. SOUTH DELHI MUNICIPAL CORPORATION [LAWS(DLH)-2020-10-11] [REFERRED TO]
M/S PASHUPATI CASTINGS LTD. VS. STATE OF U.P. AND 2 OTHERS [LAWS(ALL)-2017-3-62] [REFERRED TO]
M/S HOLYSTAR NATURAL RESOURCES PVT. LTD. VS. UNION OF INDIA [LAWS(DLH)-2014-1-125] [REFERRED TO]
M/S. KESORAM CEMENT VS. PRL. SECY., ENVIRONMENT [LAWS(TLNG)-2024-4-21] [REFERRED TO]
JINAN. K.R., S/O.K.RAMAN, VS. BAR COUNCIL OF KERALA, HIGH COURT BUILDINGS, ERNAKULAM, KOCHI – 682031, REPRESENTED BY ITS SECRETARY [LAWS(KER)-2016-11-116] [REFERRED TO]
NATIONAL MINERAL DEVELOPMENT CORPORATION LIMITED VS. STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2015-12-195] [REFERRED TO]
SUNDERAM SHETTY VS. STATE OF KARNATAKA [LAWS(KAR)-2021-8-10] [REFERRED TO]


JUDGEMENT

- (1.)This is an appeal from a judgment, dated 5th February, 2003, rendered by the High Court of Delhi at New Delhi in CWP No. 2278/2002. By the impugned judgment, the High Court has upheld the validity of the Delhi Race Course Licensing (Amendment) Rules, 2001.
(2.)On 19th October, 1984, the Central Government in exercise of its powers under Section 2 of the Union Territories (Laws) Act, 1950, extended the Mysore Race Courses Licensing Act, 1952 (for short "the Act") to the Union Territory of Delhi, as it existed then, with certain amendments. The Preamble to the said Act reads thus:
"Whereas it is expedient to make provision for the licensing regulation, control and management of horse-racing on race-course and all matters connected therewith in the Union Territory of Delhi"

Further, Section 3 of the Act reads as follows:

"3. Prohibition of horse-racing on unlicensed race- courses- No horse- race shall be held save on a race course for which a licence for horse racing granted in accordance with the provisions of this Act, is in force. "

Section 4 which lays down the procedure for issuing the licences for horse racing reads as follows:

"4. Licences for horse-racing-

(1) The owner, lessee or occupier of any race course may apply to the Government for horse-racing on such race-course or for arranging for wagering or betting in such race- course on a horse, race run or some other race-course either within the Union territory of Delhi or Outside the Union territory of Delhi.

(2) The Government may (if in its opinion public interest so requires) withhold such licence or grant it subject to such conditions and for such period as they may think fit.

(3) In particular and without prejudice to the generality of the foregoing power, such conditions may provide for-

(a) the payment of a licence fee;

(b) the maintenance of such accounts and furnishing of such returns as are required by the United Provinces Entertainment and Betting Tax Act, 1937 as extended to the Union territory of Delhi;

(c) the amount of stakes which may be allotted for different kinds of horses;

(d) the measures to be taken for the training of persons to become Jockeys;

(e) the measures to be taken to encourage Indian bred horses and Indian Jockeys;

(f) the inclusion or association of such persons as the Government may nominate as Stewards or members in the conduct and management of horse- racing;

(g) the utilisation of the amount collected by the licensee in the conduct and management of horse-racing;

(h) such other matters connected with horse-racing and the maintenance of the race-course for which in the opinion of Government it is necessary or expedient to make provision in the licence.

Sections 5, 6 and 7 respectively enumerate penalties for taking part in horse races on unlicensed race-course and for contravention of conditions of licence. Section 9 envisages that cognizance of the offences under the Act can be taken by a court not inferior to that of a Metropolitan Magistrate. Section 11, the pivotal provision, which empowers the Government to make rules, reads as follows:

"11. Power to make rules-

(1) The Government may, by notification in the Delhi Gazette, make rules for the purpose of carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers; such rules may provide for all or any of the following matters, namely:-

(i) the form and manner in which applications for licences are to be made;

(ii) the fees payable for such licences;

(iii) the period for which licences are to be granted;

(iv) the renewal, modification and cancellation of licences. "

(3.)In furtherance of the power conferred under Section 11 of the Act, by a notification dated 1st March 1985, the Administration of the Union Territory of Delhi, notified the Delhi Race Course Licensing Rules, 1985 [for short "1985 Rules"]. Rules 4 and 5 of the 1985 Rules lay down the procedure for submission of application for grant of licence for horse racing and the validity period of such licence respectively. Rule 6 prescribes the rate of 'Licence fee'. It reads as follows:
"6. Licence fee-The fee for the grant or renewal of a licence for horse racing on the race course shall be a sum of rupees two thousand (Rs. 2000/-) per day on which race is held. The fee for the grant or renewal of a licence for arranging for wagering or betting on a horse race run on any other race course, within or outside the Union Territory of Delhi, shall be rupees five hundred (Rs. 500/-) per race day on which race is held. "

Rule 12 of the 1985 Rules, material for our purpose, confers power of inspection and states as under:

"12. Inspection- The District Officer or any other officer not below the rank of Entertainment Tax Inspector shall have access to the licensed race course at all reasonable times with a view to satisfy himself that the provisions of the Act and these Rules are being complied with and that the conditions of the licence are duly observed. "



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.