SUBAS SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) By means of the present writ petition, challenge has been made to the decision of the opposite party-authorities for leasing out the land, building and other infrastructure of Badambadi Bus Stand, Cuttack in favour of opposite party No. 4-Reliance Retail Ltd. (for short, 'RRL') on the ground that such decision is illegal, unwarranted and uncalled for, and against the interest of the people of State of Odisha, more particularly the people of Cuttack. The present writ petition has been filed in the nature of public interest litigation. Petitioner No. 1 is a social worker and a Trade Unionist and also the Convenor of the "Cuttack Banchao Committee", which has been formed in the year 2005 and since then it has been taking the issues relating to the interest of the people. Petitioner No. 2 is a renowned person of Cuttack and presently is the President of Utkal Sahitya Samaja. He is associated with various social organizations and is also one of the functionaries of Cuttack Banchao Committee. Petitioner No. 3 is an eminent educationist and former Vice-Chancellor of Berhampur University and also associated with different social organizations and activities concerning the public issues. Thus, all the petitioners claim to be public spirited persons.

(2.) Petitioners' case is that Badambadi Bus Stand situates in both sides of the road which is called "Link Road" measuring about 50 acres of land belonging to State Government. The Bus stand was established in the early part of 1970 by the State Government. At that point of time, Government was owner of two main Transport Corporations, namely, Orissa Road Transport Corporation (ORT) and Orissa State Road Transport Corporation (for short 'OSRTC') which were plying their buses from Badambadi Bus Stand. Besides the Government Corporation owned buses, some private buses were plying from Badambadi Bus Stand when the bus stand was established. Initially, Badambadi Bus Stand was planned to provide parking place for 100 buses in the early 1970. By efflux of time, number of buses increased and many private buses came to ply. Practically, there are three bus stands, namely main bus stand, Rourkela-Angul bus stand and Puri-Bhubaneswar bus stand. All the bus stands were being maintained by the State opposite parties and the private buses were plying from the said bus stands on payment of prescribed fees and were enjoying the facilities on quid pro quo basis. At present, about 2200 buses are plying from Badambadi Bus Stand to different parts of Odisha. Out of that, 1000 buses are express buses, which reach Badambadi in the morning and mostly park on the road side. Apart from that, about 4000 auto rickshaws, 200 taxies and about 1000 town buses are operating daily from Badambadi Bus Stand. Thus, more than 7000 vehicles are operating from Badambadi Bus Stand every day catering to the need of the people and provide private transport facilities. In the year 2006, petitioners came to know that the State Government has taken a decision to sell out/lease out the land of five Bus Stands of the State, such as, Cuttack, Dhenkanal, Sundargarh, Berhampur and Baripada to private parties and also to handover the maintenance of those bus stands, which was seriously objected by the Social Organizations at the relevant point of time. In the year 2008, members of the Cuttack Banchao Committee had taken up the issues with the State Government for making the Bus stand a model and planned one under control of the State Government and also to provide all other necessary facilities for parking of the buses and amenities to the passengers as Badambadi Bus Stand is linked with the State Transport and it is the prime Bus stand of the State. The petitioner Cuttack Banchao Committee protesting the transfer of Badambadi Bus Stand staged a two days' day and night Dharana on 3rd and 4th December, 2008. A similar Dharana was also staged on 28th February, 2009 for development of Badambadi Bus Stand and for opposing the sale of land belonging to the Corporation to RRL. Despite the protest against leasing out the Badambadi Bus Stand to RRL and when the State Government without reversing its decision proceeded to lease out Badambadi Bus Stand, petitioners approached this Court by filing the present writ petition for appropriate order.

(3.) Mr. A.A. Das, learned counsel appearing for the petitioners, submits that the decision of the State Government to lease out Badambadi Bus stand to RRL is against the public interest and such a decision has been taken with mala fide intention. The deal with the RRL is clandestine one; no public notification was made in this regard, the land in question has been leased out to opposite party No. 4-RRL just to favour it. Since vast valuable Government land in Cuttack town at Badambadi Bus Stand is leased out in favour of RRL, the petitioners as well as the other social organizations have raised their protest. The Odia daily newspaper "Dharitri" has also published in an editorial revealing the fact and clandestine deal of the State Government and State opposite parties in leasing out the Badambadi Bus Stand in favour of opposite party No. 4-RRL instead of making it a model bus stand by providing better facilities for transport-demanded by the petitioners.