Case Note & Summary
The dispute arose from the allotment of land by the State of West Bengal to Mr. Sourav Ganguly for establishing a school. The Calcutta High Court upheld the allotment, which was challenged in the Supreme Court through several special leave petitions. The Supreme Court noted that the initial allotment was made following an advertisement for land for educational purposes, but the subsequent allotment of a larger plot (CA-222) was done without any advertisement or public offer, based solely on the allottee's request. The court found this action arbitrary and discriminatory, violating Article 14 of the Constitution. The court also examined the compliance with ICSE norms, concluding that the allottee's trust did not meet the necessary criteria as it was predominantly family-controlled. The court emphasized that government actions regarding land allotment must be fair and transparent, and cannot favor individuals without due process. Ultimately, the Supreme Court quashed the allotment of plot CA-222 and ordered the allottee to return the land, with the state required to refund the money paid for the allotment. The appeals were allowed, and the High Court's order was set aside.
Headnote
A) Constitutional Law - Article 14 - Arbitrary Government Action - Constitution of India, 1950, Article 14 - The allotment of plot CA-222 to the allottee was found to be arbitrary as it was made without public advertisement and in response to a specific request from the allottee, violating principles of fairness and non-discrimination. The court held that such actions must be transparent and justifiable under constitutional law (Paras 23-56).
Issue of Consideration
Whether the allotment of plot CA-222 to the allottee was arbitrary and violated Article 14 of the Constitution.
Final Decision
The Supreme Court quashed the allotment of plot CA-222 and the lease deed dated 1.4.2009, ordering the allottee to hand over possession of the land and the State to refund the money paid for the allotment within specified timelines.
Law Points
- Public interest litigation
- allotment of land
- Article 14
- arbitrary government action
- compliance with ICSE norms
