ARUNANGSHU CHAKRABORTY Vs. BIDHANNAGAR MUNICIPALITY

JUDGEMENT

(1.) THE Judgement of the Court was delivered by : The writ petitions being W.P No. 24542 (W) of 2010 and W.P 23739 (W) of 2012 have been filed by way of public interest litigation praying for the relief to direct the respondent authorities to cancel the agreement executed on 09.10.2007 between the Bidhannagar Municipality and Institute of Education and Social Welfare. Prayer has also been made to cancel the agreement dated 17.12.2009 between Bidhannagar Municipality and Institute of Education and Social Welfare. Prayer has been made to cancel the order of allotment of playground to Bidhannagar Municipality. Further prayer has been made to direct the respondents to demolish the ilIegal concrete construction and banquet hall, conference hall, bridal hall and other illegal constructions having no nexus with the development of sports activities. Prayer has been made to demolish the concrete construction and tower in the Central Park.

(2.) ON the other hand, Institute of Education and Social Welfare has filed another writ petition being W.P No. 11819 (W) of 2011 wherein it has been prayed that directions be issued to cancel, recall notice dated 15th July, 2011 issued by the Chairperson, Bidhannagar Municipality calling upon the Institute to remove all furniture, utensils and/or articles which were being used for commercial activities and to vacate the premises in question, failing which padlock shall be put thereon by the Municipality.

(3.) IT is averred in W.P 24542 (W) of 2010 that there is a playground situated at Central Park, Sector ll, Salt Lake, Calcutta. On 14.03.1997 Executive Engineer, Design, Salt Lake, Reel. & Dev. Circle under Urban Development Department handed over the delivery of the playground to the Bidhannagar Municipality for exercising administrative control as well as maintenance of the said ground. On 13.04.2007 the Chairman, Bidhannagar Municipality informed the councilors that as per decision taken on 21.02.2007 in Chairman in Council meeting that the sports complex should be given for the purpose of running and maintenance to a private organization on public private partnership basis in equal share through tender. However, without any process of the tender the then Chairman of the Bidhannagar Municipality, Dr. Biswajiban Majumder, entered into an illegal memorandum of agreement on 09.10.2007 on behalf of Bidhannagar Municipality and Institute of Education and Social Welfare through its trustee, Arun Raolka. Later on 24.04.2009 Executive Engineer, Design, Salt Lake Reel. 85 Dev. Circle informed the Executive Officer, Bidhannagar Municipality that there is no mention of sports academy building or multiutility Bidhannagar Municipality Sports Academy Complex in the working map of Salt Lake City. It was further averred that on enquiry being made it came to the notice of the petitioner that on 16.06.2009 through Registrar, Forms and Societies that no such society in the name of Institute of Education & Social Welfare exists. On 17.12.2009 Chairman unauthorisedly entered into another agreement on behalf of Bidhannagar Municipality with the Institute of Education & Social Welfare for the purpose of handing over the possession of additional spaces at the ground floor and the roof to the realtor group under the guise of Institute of Education and Social Welfare. It is a further case that on 02.05.2010 an advertisement appeared in the newsletter published on behalf of Saltee Group showing that the group constructed sprawling lawn, spacious A.C banquet halls, A.C conference halls, A.C hall on terrace, separate bridal rooms, automatic lift etc. in the playground situated at Central Park. It is a further case setup by the petitioner, that invitation card was issued on 21.08.2010 by which it became clear that Institute of Education and Social Welfare was not, in fact, involved in sports activities but the owners of the Saltee Infrastructure Ltd.,. Sri Arun Raolka invited his guests to the Banquet hall, A.C Rooms etc., at the aforesaid Sports complex. Subsequently, on 06.11.2010 Deepawali greetings cards were distributed by Saltee Infrastructure Ltd. & Ors., showing that the banquet situated at Central Park Football Ground is one of many business establishments of the Saltee Group, a realtor company. Thus, it was contended that sports complex has been given to the Realtor Company in unauthorised manner by the Chairman of the Bidhannagar Municipality.