DHIRENDRA KUMAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application made by one Dhirendra Kumar Roy Chowdhury, as a member of an unincorporated society of persons known as the National Cricket Club, having its office at Eden Gardens, Calcutta. The facts are shortly as follows : There exists in the city of Calcutta, at a spot very near these Courts, an open space known as the Eden Gardens. In a part of the said Gardens there existed a cricket ground, which came into existence as far back as 1825. For a large number of years, and at the time when India attained independence, the cricket ground was in the* occupation of the Calcutta Cricket Club, the members whereof were mostly foreigners. After India attained independence, there was a move for taking over the lands and structures then in the possession of the Calcutta Cricket Club, and it appears that in or about 1950 an unincorporated association known as the National Cricket Club came into existence. The members of this Club raised a sum of about two lakhs and this was paid towards compensation received by the Calcutta Cricket Club, which, I am informed, has moved elsewhere. The National Cricket Club or the N. C. C. as it has come to be known, took possession of the lands and structures previously occupied by the C. C. C. Originally these consisted of a cricket ground and the Club premises with its furnitures, fittings and excise licence. Since then, sporadic attempts have been made to construct a stadium. Some stands have been constructed but it can scarcely merit the description of a stadium. It appears from the correspondence carried on between the Secretary of the N. C. C. and the Chief Minister of West Bengal, that what was contemplated was that the unincorporated association should be registered under the provisions of the Societies Registration Act, and the Government should execute a lease in favour of the registered society which would complete the construction of a stadium known as the Ranji Stadium, This fact is not disputed and appears clearly from the letter dated 20-11-1950 written by Mr. Pankaj Gupta to Dr. Roy, copy whereof is contained at p. 22 of Ex. A annexed to the affidavit affirmed by Rabindra Kumar Mitra on 22-4-1955. The correspondence and the relevant documents have been conveniently collected in Ex. A annexed to the said affidavit and I shall refer to the said Exhibit and to the pagination thereof. Before I enter into the details of the further events, I shall delineate shortly as to what happened. The unincorporated association did get itself registered and the certificate of registration is dated 31-1-1951 (p. 1). Draft leases were prepared, providing for the granting of a lease for 99 years to the said registered society. Thereafter, disputes commenced. Firstly, the dispute was with regard to the ownership of the Eden Gardens. Previous to the attainment of independence, the Gardens were undoubtedly held by the Centre. After independence, lands which were used for the purposes of the Union vested in the Union and lands which Were used for the purposes of the State, vested in the State. It appears that nobody paid any attention to the question as to the purposes for which the land in question was being used at the material point of time, and while the Union never abandoned its claim, a draft lease was prepared on the footing that the State of West Bengal would be the lessor, meaning thereby that the land had vested in the State. It appears from a letter addressed by the Government of India in its Ministry of Defence, to the Government of "West Bengal, dated 8-3-1951 (p. 85) that the Government of India had no objection to the site in question being leased to the National Cricket Club, on payment of an annual rent (nominal) of Re. 1/- for the erection of a cricket Stadium thereon. It is stated in that letter that the delegation of control over the Calcutta Maidan which included the Eden Gardens, by the Government of India to the Government of Bengal in 1921, did not operate as a transfer of the proprietary interest of the former in the land, and so it would not be legally in order for the State Government to grant a lease of the property in question, the lands being vested in the Union of India under Article 294 of the Constitution. The deed of lease should be in the name of the President of India. It was proposed, however, to delegate the power of executing the lease on behalf of the President in such a manner as to enable the Secretary, Home Department, Government of West Bengal to execute the lease on behalf, of the President. The State of West Bengal now contends that the land has vested in the State. It does not propose to grant a lease to the unincorporated association but would be willing to grant a lease in favour of the registered society, but upon its own terms. These terms include a substantial rent being charged for the occupation of the lands in question, It further insists that not only should the lands be used for the purposes of playing cricket but also for playing football. The unincorporated association is not willing to relinquish possession and is not willing to accept such, terms. The State Government has asked for possession to be delivered and that is the immediate reason for this application. In connection with the registration of the unincorporated association as a registered society, I have already mentioned that the registration "has been completed in 1951. This gave rise to a schism between the members. I am informed that the Association instituted a suit against the registered Society and obtained a decree, but those proceedings are not in evidence before me. The Union of India has been made a party to this application but it is neither appearing nor contesting the application. The position therefore is somewhat peculiar. The State of West Bengal claims ownership over the lands. The Union of India has not abandoned its claim, but does not come forward in these proceedings either to 'substantiate its claim or to admit the claim of the State. While the Union seems to be willing to grant a lease upon a nominal rent, the State Government is not willing to do so except on receipt of a substantial rent and upon its own terms.

(2.) There has been a series of correspondence between the State Government through respondent 2 who was the Secretary to the Government of West Bengal, Home Department, and the unincorporated Association, and finally on 22-12-1954 the following notice was given by the said respondent purporting to act as the Secretary to the Government of West Bengal, to the Honorary Secretary of the said unincorporated Association :

(3.) This Rule was issued on 31-1-1955 and the respondents were directed to show cause why a writ in the nature of Mandamus should not be issued prohibiting the State of West Bengal and R. K. Mitra from taking possession of lands and structures of the National Cricket Club in the petition mentioned, and why suitable directions and orders should not be given or made by the Court restraining and prohibiting the said respondents from giving effect to the demands contained in the letter dated 22-12-1954 in the petition mentioned, and from taking forcible possession of the lands and structures of the Club, and why such other writ, orders or directions should not be made or given as to the Court may seem just and proper, and why an injunction should not be granted res-training the said respondents from taking possession of the said lands and structures and from interfering with the rights of the Club.