Kolkata: A division bench of the Calcutta High Court, consisting of acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee, imposed a token cost of Rs 10,000 on BCCI president Sourav Ganguly and a cost of Rs 50,000 each on the West Bengal government and a state-owned corporation – WBHIDCO for irregular plot allotment to the former Indian skipper on Monday.
“we need not quash the allotment of plot as the same stands already surrendered, however, for the conduct of the State in generating litigation by arbitrary exercise of power which runs totally contrary to the law laid down by the Supreme Court, we impose a cost of Rs 50,000 each on State and WBHIDCO (West Bengal Housing Infrastructure Development Corporation)”, the bench ordered.
The division bench that passed the verdict also stated that there is a need for a set policy to guide on all problems so that there is no arbitrary exercise of power based on a pick-and-choose formula.
The bench, however, said: “The state government and HIDCO will be at liberty to recover the cost from the respective persons in their employment, who were responsible for the irregular allotment of the concerned plot of land in favour of the Respondent”.
The bench passed the verdict in response to a public interest litigation (PIL) questioning the out of turn allotment of two acres of land to Ganguly and the above mentioned society for setting up a school in New Town. The plot of land was surrendered to WBHIDCO in August 2020.
“The country always stands by the sportspersons, especially those who represent the country in international events. It is also a fact that Sourav Ganguly has brought laurels for the country in cricket. But when it comes to law, our Constitutional Scheme is that all are equal and no one can claim to be exclusive, above the law and seek benefits from the State, especially when question arises for allotment of plots for commercial ventures,” the bench observed.
In 2016, the PIL was filed disputing WBHIDCO’s allotment of a plot in New Town, citing violations of the norms and regulations governing plot allotment.
Ganguly and the society received the allotment in a letter dated September 27, 2013.
The petitioners claimed that in a previous round of litigation, the Supreme Court had overturned Ganguly’s grant of a parcel of property in Salt Lake in 2009.
