Important point
The land use and future planning of Santiniketan must be done in such a manner so that the changes be brought about which would not be beyond the recognition of the poet Rabindranath Tagore, founder of Visva Bharati University.

Headnote:Visva-Bharati Act, 1951—Sections 4, 5A, 5B, 6 and 7—West Bengal Town and Country (Planning and Development) Act, 1979—West Bengal Estate Acquisition Act, 1953—Section 4—Residents of Santiniketan in the State of West Bengal filed a public interest litigation aggrieved by continuing process of defacement of environment around Visva Bharati University—The University was constituted as an unitary, teaching and residential University, founded by Dr. Rabindranath Tagore at Santiniketan in 1921—Second Schedule appended to the Act provides for an area admeasuring 3000 hectares—Encroachment upon the ambiance is alleged to have been committed by indiscriminate constructions by developers and promoters in utter disregard of environmental and pollution control laws—Appellants are in particular aggrieved by proposed constructions which are likely to come up in the area—High Court dismissed the petition holding that the University being not the owner of the entire 3000 acres of land no relief can be granted—However, Division Bench of the High Court arrived at a finding that continued increase of building activities will slowly change the place almost beyond recognition of the founder but observed that such changes are necessary having regard to the continued increase in population of Santiniketan—Pollution Control Board had issued certain directions for preservation and conservation for cultural, historical, archaeological, environmental and ecological purposes—Such directions are binding on the State as well as Santiniketan Development Authority—Directions issued by the Court.
       Held : It is imperative that the ecological balance be maintained keeping in view the provisions of both directive principles of State Policy read with Article 21 of the Constitution. Furthermore, a State within the meaning of Article 12 of the Constitution of India must give effect to the provisions of Article 51A(g) of the Constitution (Para 36)
       It may be true that the Appellants herein have their own houses within 3000 acres of land but they have been residing there for a long time. What is being objected to by them is constructions of huge residential and commercial complexes which even according to the High Court would not only change the topography but also would change the place almost beyond the recognition of the poet. It may be true that the development of a town is the job of the town planning authority but the same should conform to the requirements of law. Development must be sustainable in nature. A land use plan should be prepared not only having regard to the provisions contained in the 1979 Act and the rules and regulations framed thereunder but also the provisions of other statues enacted therefor and in particular those for protection and preservation of ecology and environment. As Visva Bharati has the unique distinction of being not only a University of national importance but also a unitary one, the SSDA should be well-advised to keep in mind the provisions of the Act, the object and purpose of which it has been enacted as also the report of the West Bengal Pollution Control Board. It is sui generis. It is idle to compare Shantiniketan with any other university. Truism is that Shantiniketan has unique features. Its environmental ambiance, thus, must be maintained. There is no other university which having regard to the purport and object of the Act, as would appear from the objects and reasons thereof, can be compared with Visva Bharati. Our attention has not been drawn to any other statute establishing any university which has such unique features as Visva Bharati. Only because some advantages would ensue to the people in general by reason of the proposed development, the same would not mean that the ecology of the place would be sacrificed. Only because some encroachments have been made and unauthorized buildings have been constructed, the same by itself cannot be a good ground for allowing other constructional activities to come up which would be in violation of the provisions of the Act. Illegal encroachments, if any, may be removed in accordance with law. It is trite law that three is no equality in illegality. (Paras 37 to 41)
       It is not suggested that the Santiniketan should remain as it was in 1921 but it cannot be permitted to become full of concrete jungles and industrial hub. For carrying out further constructional activities, it may not be necessary for a builder to apply to the University for seeking its permission but the local-self government which is responsible therefor must take into consideration the salutary principles laid down in the pollution control laws as well as the Act. The land use and future planning of Santiniketan must be done in such a manner so that the changes be brought about which would not be beyond the recognition of the poet as also the provisions of the Act. SSDA in that sense must distinguish itself from the other development authorities. It has an extra-burden to shoulder. It cannot shut its eyes to the provisions of the Act and the object and purport it seeks to achieve. It cannot ignore the environmental impact assessment made by the Board. It is one thing to say that the SSDA may permit small constructions to be made by the owners of the land or additions or allow alterations to the existing building for residential purposes but it is another thing to say that it would not consider the effect of the changes which may be brought about by turning Santiniketan into a commercial and industrial hub. We, with respect to the High Court, are not in a position to agree with the observations which clearly run counter to its own findings of fact. (Paras 42 and 43)
       SSDA issued notices as regard adoption of the land use map as far back as in the years 1999 and 2000. The State Government had granted a long term settlement in favour of SSDA with a further right to the residential flat owners for the unexpired period of lease by an order dated 25.4.2003. In 2003 itself, the project had been given a green signal and it is stated before us that the Respondent No. 10 has already spent about 1.5 crores of rupees. Our attention has further been drawn by Mr. Sanghi that the house project of Bengal Peerless has already come into being. In that view of the matter, we do not intend to stop the construction activities which are being carried out by the Respondent No. 10 but direct that in future SSDA must keep in mind the statutory provisions referred to hereinbefore as also the observations made by us herein. (Paras 45 and 46)

Judgment

S.B. Sinha, J.—Leave granted.

Introductory Remarks :

The Appellants herein are residents of Santiniketan in the District of Birbhum of the State of West Bengal.

2. Visva Bharati University (University) was conceived and established by Rabindranath Tagore, the great poet, story writer, song composer, playwright, essayist, painter, educationalist and Nobel Laureate, on 23rd December, 1921.

3. An environment ambiance had all along been maintained in consonance with the ideals of Tagore and for which the same was established.

The Act :

4. The Parliament with a view to preserve and protect the uniqueness, tradition and special features of the said University, in exercise of its legislative power conferred on it under Entry 63, List I of the Seventh Schedule of the Constitution of India enacted The Visva-Bharati Act, 1951 (the Act) declaring it to be an institution of national importance. The University was constituted as an unitary, teaching and residential University with a view to preserve the tradition and special features of the institution, as would appear from its Statements of Objects and Reasons which are as under:

“The Visva-Bharati founded by Dr. Rabindranath Tagore at Santikniketan in 1921 is a unique institution, and has since its inception served as a centre for the study of, and research in, the different cultures of the East on the basis of their underlying unity, and has sought to approach the West from the stand-point of such a unity of the life and thought of Asia. The Institution has acquired a world-wide recognition and has attracted scholars and pupils from many countries all over the world.

2. The University Education Commission commended the special and very valuable work done by this institution, particularly its “effort to discover, preserve and transmit the vast elements of old Indian culture, and the work with the surrounding villages” and recommended that the Visva-Bharati should be given a provisional Charter as a University with suitable capital and recurring grants. The recommendations of the University Education commission were approved by the Central Adversory Board of Education at its meeting in April, 1950, and the Government of West Bengal agree to the establishment of a unitary, teaching and residential University at Santiniketan by an Act or Parliament.

3. There is no provision in the Constitution of India for the grant of a Charter (as distinct from an Act) as recommended by the University Education Commission, but the Constitution makes the Union Government responsible for institutions declared by law to be of national importance (vide item 63 of List I of the Seventh Schedule to the Constitution).

4. It is, therefore, proposed to make such a declaration and have the Visva-Bharathi constituted as a Central University. The constitution that is proposed to be given to Visva-Bharati is in conformity with the recommendations made by the University Education Commission with such modifications as are considered necessary to preserve the tradition and special features of the institution.”

5. Section 4 of the Act provides for incorporation of the University. The object of the University in terms of Section 5A thereof was to disseminate and advance knowledge and understanding by providing instructional, extension and research facilities and by the example and influence of its corporate life, and in organizing its activities, have due regard to the objects specified therein for which the Visva-Bharati at Santiniketan was founded by Rabindranath Tagore, as expressed in his own words including “to see to realize in a common fellowship of study the meeting of the East and the West, and thus ultimately to strengthen the fundamental conditions of world peace through the establishment of free communication of ideas between the two hemispheres”

6. Section 5B provides for the principles to be followed in organizing the activities of the University, in respect whereof as also for implementation of its academic prog

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2005 Supreme(SC) 397

Important pointThe land use and future planning of Santiniketan must be done in such a manner so that the changes be brought about which would not be beyond the recognition of the poet Rabindranath Tagore, founder of Visva Bharati University.

Important point
The land use and future planning of Santiniketan must be done in such a manner so that the changes be brought about which would not be beyond the recognition of the poet Rabindranath Tagore, founder of Visva Bharati University.