IMPORTANT POINT
Government must act in a fair and transparent manner.

Headnote:(a) Administrative Law – Allotting land which is very scarce amounts to largesse – While granting largesse, Government cannot act in an arbitrary and discriminative manner. (Para 25)
        (1979) 3 SCC 489; (1980) 4 SCC 1 – Relied upon
        (b) Constitution of India – Article 19(1)(g) – Setting up of a school may be of public interest but a profit motive cannot be ruled out. (Para 28)
        (2002) 8 SCC 481 – Relied upon
        (c) Constitution of India – Article 14 – Allotment of a bigger plot in place of and on surrender of the earlier plot, at the request of the allottee, without any advertisement inviting offers from the public – Not parts of the same transaction – Violative of Article 14. (Paras 31 to 34)
        (1979) 3 SCC 489; (1980) 4 SCC 1 – Relied upon
        (d) Administrative Law – Allotment of land – Allottee selectively seeking compliance of ICSE norms only in asking for a bigger plot – Such norms being in place much before the original application and the allottee’s Trust not complying with norms – Allottee’s ground for bigger lot not bona fide. (Para 41)
        (e) Constitution of India – Article 226 – Challenge to allotment of land – High Court to decide on the materials on record – Cannot refuse to exercise jurisdiction on the basis of what may happen in future. (Para 42)
        (f) Administrative Law – Government action – Allotment of land made with super speed and without considering all aspects – State failed to discharge its constitutional role – High Court erred in upholding the action. (Paras 46, 47)
        JT 2011 (4) SC 311 – Relied upon
       (1987) 2 SCC 295; (1980) 4 SCC 1 – Distinguished
       Facts of the case:
        These PIL challenge allotment of land to Saurav Ganguly.
       Finding of the Court:
        Impugned judgment cannot be sustained.
       Result : Appeals allowed.

JUDGMENT

Ganguly, J. —

1. Leave granted in all the special leave petitions.

2. Several writ petitions were filed in public interest before the Calcutta High Court challenging the allotment of land given in favour of Mr. Sourav Ganguly (hereinafter referred to as allottee), by the State of West Bengal. The High Court, by its judgment dated 12.4.2010, upheld the allotment of plot of land being plot no. CA-222 by allotment letter dated 17.2.2009. It disposed of all the petitions by a direction that in order to retain leasehold rights and possession of the said plot in Sector-V, Salt Lake City (Bidhannagar), Kolkata, the allottee has to pay the State Government a sum of Rs.43,25,500/-, failing which the lease deed dated 1.4.2009 shall be treated as invalid and possession of the land shall be handed back to the State Government.

3. Challenging the said judgment of the Division Bench, three SLP’s (11783/2011, 22503/2010 and 22305/2010) were filed before this Court and as the judgment is one, and the facts and questions are identical, the cases were heard together and are being decided by this judgment.

4. The material facts of the case are that on 5.11.2006, an advertisement was issued by the Government of West Bengal, Urban Development Department, earmarking a plot of land measuring about 50 kathas in Plot No. BF-158 in Sector-I, Salt Lake (Bidhannagar), Kolkata- 700064, for the setting up of an integrated school from primary level to higher secondary level. It was stated in the advertisement that the school would basically be academic in nature, but with extra-curricular activities, which would form an integral part of the curriculum and it was stated that the intending Organization/Institution/Body/Registered Society/ Trust which were capable of running and managing such a school by their own resources, may apply to the Principal Secretary, Urban Development Department, Government of West Bengal, Nagarayan, DF-8, Sector-1, Bidhannagar, Kolkata- 700064 on plain paper within 15 days from the publication of the advertisement giving details of the project. It was intimated that the aforesaid plot of land would be leased to the aforesaid applicants for 999 years on certain terms indicated in the advertisement.

5. One of the terms in the said advertisement, to which some reference shall be made later on, is as follows:

“The government, however, reserves the right to change the location of the land and revise the rate of salami at its full discretion. Such decision shall be final.”

6. The allottee applied on 17.11.2006. In the said application, the allottee inter alia stated:

“There is ever increasing demand for such institutions, especially in the northern and eastern part of the metropolitan city of Kolkata. The object of the proposed educational institution would be academic excellence with a balanced blend of co-curricular activities and sports for the all round growth of the younger generation...In this context, I propose to keep a few seats reserved for such needy cum meritorious pupils.”

7. In the project report submitted by the allottee, it was stated that the school would be owned by a Registered Society/Trust. A Committee consisting of several Government officials considered about 20 applications, filed pursuant to the aforesaid advertisement. The Committee consisted of:

a. Chief Secretary, Government of West Bengal

b. Principal Secretary/ Secretary to Chief Minister

c. Principal Secretary/ Secretary, Urban Development Department

d. Principal Secretary/ Secretary, Information and Cultural Affairs Department

e. Principal Secretary/ Secretary, Cottage and Small-Scale Industries Department

f. Principal Secretary/ Secretary, Commerce and Industries Department

g. Managing Director, West Bengal Industries Development Corporation

8. Surprisingly nobody from the Education Department was in the Committee.

9. Thereafter, by resolution dated 10.1.2007, the aforesaid Committee selected the allottee and an allotment order dated 22.02.2007 in res

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2011 Supreme(SC) 555

IMPORTANT POINT Government must act in a fair and transparent manner.

Cases Referred (5)

IMPORTANT POINT
Government must act in a fair and transparent manner.