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High Court Of Calcutta
PINAKI CHANDRA GHOSH
TARAK SINGH - Appellant
Versus
JYOTI BASU - Respondent
W. P. 17306 (W) Of 1997
Decided On : 02/05/1999
WRIT - PUBLIC INTEREST LITIGATION - LOCUS STANDI - ALLOTMENT OF PLOTS IN SALT LAKE CITY, KOLKATA - CHIEF MINISTER'S DISCRETIONARY QUOTA - NO GUIDELINES OR CRITERIA - ARBITRARY EXERCISE OF POWER - VIOLATION OF ARTICLE 14 - COURT'S JURISDICTION TO PASS ORDERS DESPITE INTERIM ORDER BY CO-EQUAL BENCH - NECESSITY OF TRANSPARENCY AND OBJECTIVE CRITERIA IN ALLOTMENT PROCESS - APPLICATION DISMISSED FOR NON-JOINDER OF ALLOTTEES.
Fact of the Case:
Petitioners, a Councillor of the Calcutta Municipal Corporation and a social activist, filed a writ petition challenging the distribution of plots of land in Salt Lake City by the Chief Minister of West Bengal from his own quota and discretion. They alleged that the distribution was not done through open declarations and/or public advertisements, no criteria was fixed, and the allotment was made in a clandestine manner. They also alleged that the Chief Minister allotted a plot to his brother-in-law, who subsequently bequeathed it to the Chief Minister's granddaughter. The petitioners contended that the Chief Minister's actions were arbitrary, violative of Article 14 of the Constitution, and amounted to a breach of public trust.
Finding of the Court:
The Court found that the distribution of plots was indeed arbitrary and violative of Article 14. It noted that there were no advertisements or public announcements regarding the availability of plots, and that the Chief Minister had allotted plots to various individuals without any reasons or objective criteria. The Court also found that the Chief Minister had allotted a plot to his brother-in-law, which was subsequently bequeathed to his granddaughter, without any justification.
Issues: 1. Whether the petitioners had locus standi to file the writ petition. 2. Whether the Chief Minister's exercise of discretion in allotting plots was arbitrary and violative of Article 14. 3. Whether the Court had jurisdiction to pass orders despite the existence of an interim order by a co-equal Bench.
Ratio Decidendi: 1. The Court held that the petitioners had locus standi to file the writ petition, as they were acting in the public interest and had sufficient interest in the matter. 2. The Court held that the Chief Minister's exercise of discretion in allotting plots was arbitrary and violative of Article 14. It found that there were no guidelines or criteria for the allotment, and that the Chief Minister had allotted plots to various individuals without any reasons or objective justification. 3. The Court held that it had jurisdiction to pass orders despite the existence of an interim order by a co-equal Bench, as the interim order was not a final order and the Court was not bound to follow it.
Final Decision: The Court dismissed the writ petition for non-joinder of parties, as the allottees of the plots had not been made parties to the petition. However, the Court directed the Chief Minister to take necessary steps to allot land at Salt Lake City in accordance with the guidelines laid down by the Supreme Court in Common Cause, a Registered Society v. Union of India, and to ensure transparency and objectivity in the allotment process.
( 1 ) THE writ petitioners have filed this application inter alia praying for :- (A) A declaration that the action of the respondent No. 1 is oppressive, arbitrary, unconstitutional and unexceptionable for which exemplary damages should be imposed upon him; (b) A writ in the nature of Mandamus commanding the respondents and each of them to cancel, recall, rescind and/or withdraw the allotment of plots in Salt Lake City made by and on behalf of the Hon'ble Chief Minister of West Bengal, the respondent No. 1 herein; (c) A writ in the nature of certiorari calling upon the respondents to produce before this Hon'ble Court all records relating to allotment of plots in Salt Lake city by and on behalf of the Hon'ble Minister so that conscionable justice may be done by quashing the same and also for other ancillary reliefs.
( 2 ) DURING the hearing of this application the respondents were directed by this Court to produce the records in respect of such allotment in favour of the person/persons allotted by the Hon'ble Chief Minister from his quota. Accordingly, the respondents produced inter alia the following records :- (A) Cabinet Memo dated 10th August, 1977; (B) Cabinet Decision dated 13th August, 1977 approving the 1977 Cabinet Memo. (C) Cabinet Memo approved by the Cabinet in its meeting held on 5th November, 1979; (D) Cabinet Memo dated August 5, 1981 regarding Special Allotment of plots in Salt Lake City; (E) Decision of Cabinet held on 12th August, 1981 and notification one 1663 AR dated 7th August, 1981 issued by order of the Governor, allocating the business of the Government previously allotted to Shri Jyoti Basu, the Hon'ble Chief Minister to Shri Krishna Pada Ghosh, Minister-in-charge, Department of Labour; (F) The reports published in the newspaper and the newspaper reports published on 12th June, 1987 indicating discretionary quota of respondent No. 1, being the Chief Minister for Special allotment in Salt Lake City and further the report published in the Statesman, Telegraph and Anandabazar Patrika and further more a list containing names and particulars of allotments made by the respondent No. 1 after 12th June, 1987.
( 3 ) THE writ application has been filed by the petitioner challenging the distribution of plots of land in Salt Lake City by the Chief Minister of West Bengal from his own quota and discretion.
( 4 ) THE grievance of the petitioner as has been stated in the petition and in the Supplementary affidavit are as follows :-THE petitioner No. 1 is a Councillor of the Calcutta Municipal Corporation and the petitioner No. 2 is a social activist and the resident of Salt Lake City. This petition has been filed by way of Public Interest Litigation from the ground of the public injury caused by the acts of respondent No. 1 and his agents and the petitioners have locus standi to file this instant writ petition.
( 5 ) ACCORDING to the petitioner, in or about 1959-60 the then Chief Minister late Dr. B. C. Roy took a decision for establishing a new township in a planned manner for low income and middle income groups on the Eastern Side of Calcutta, which is known as "salt Lake City". This scheme is currently known as "salt Lake City Extension Scheme". According to the petitioner there were about 12840 plots in Sector-I, II 6 and III in the Salt Lake City. The said plots of the said Sectors are mainly for residential purposes and the plots in Sector IV and V are mainly for commercial purposes.
( 6 ) ACCORDING to the petitioner in the year 1970, the demand of plots in Salt Lake City was not so high, but still at that point of time the Government used to invite applications from the intending buyers by an open declarations and/or advertisements. Thereafter, from time to time, the demand for plots in Salt Lake City was gone up and since 1978 during the regime of this present Government large number of plots were distributed. According to the petitioner such distribution was not done through ope
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