Thaindian News

New Delhi, May 26 (IANS) The Supreme Court Thursday set aside West Bengal government’s decision to allot land in Kolkata’s Salt Lake area to former Indian cricket captain Sourav Ganguly for setting up a school combining academics with sports.

The apex court bench of Justice G.S. Singhvi and Justice A.K. Ganguly in their judgment said that the allotment of land to the cricketer without placing an advertisement was “unreasonable and arbitrary”.

The court directed the cricketer to return the land in two weeks, and asked the state government to refund Rs.4,325,500 to the cricketer in another two weeks.

Justice Ganguly said that the allotment “rushed through in hot haste is unreasonable and arbitrary and the high court was wrong in upholding the same”.

“It is axiomatic that in order to achieve a bona fide end, the means must also justify the end. This court is of the opinion that bona fide ends cannot be achieved by questionable means, especially when the state is involved,” the judgment said.

Pointing to the “remarkable speed” with which the then West Bengal minister for urban development granted the allotment “without considering all aspects of the matter”, the judgment said that it “does not find any legitimacy in the action of the government”.

“We are sorry to hold that in making the impugned allotment (of land) in favour of the allottee (Sourav Ganguly), in the facts and circumstances of the case, the state has failed to discharge its constitutional role.”

The state government placed an advertisement in newspapers inviting applications by organisation for the allotment of 50 khatas plot to set up an integrated school combining academics and sports on self-finance basis.

The cricketer succeeded in getting the plot. However, he applied for a bigger plot as a requirement for affiliation to the education board. His request was granted by the state government and he was given 63.04 khatas (a little over one acre) plot Feb 17, 2009, in Sector 5, Salt Lake City.

Initially, for the allotment of 50 khatas plot the government placed an advertisement inviting application from different organisations. However, when the cricketer was given the bigger plot no such advertisement was put out in newspapers.

Assailing the short-circuiting of the allotment process, the apex court said: “Once the government has initiated the process of advertisement, it cannot jettison the same and allot a new plot to the allottee (Sourav Ganguly) without any advertisement. This action of the government is certainly arbitrary and violates the principles of Article 14.”

Questioning Sourav Ganguly’s credentials to run an academic institution, the judgment said that he “may be a well-known sportsman but does not claim any expertise as an educationist”.

“Within a month of the application made by the allottee (Sourav Ganguly), the allotment was made in a hot haste and without disclosure by the state of any detailed consideration,” the judges said.

Giving an insight into his love for cricket, Justice Ganguly said: “Before I conclude, I make it clear that I am aware that the allottee (Sourav Ganguly) is a cricketer of great repute and has led this country to victory in many tournaments, both in India and abroad. I have watched him on the television on many occasions and was delighted to see his glorious cover drives and effortless lofted shots over the fence. ”

“But as a judge, I have different duties to discharge. Here I must be objective and eschew my likes and dislikes and render justice to a cause which has come before the court,” Justice Ganguly said.