- (1.) Petitioner, who claims to be a public spirited person from the State of West Bengal and a member of the All India Legal Aid Forum, which is an organisation stated to be working for upliftment of the downtrodden, has filed the present Public Interest Litigation claiming the following relief: a) allow this writ petition and appoint a committee functioning under direct supervision of the court to scrutinize all the cases of discretionary allotments after due notice to the allottees and based upon this committee's report issue a writ of and/or direction in the nature of mandamus quashing all the allotments of Government lands in Salt Lake City made unconstitutionally, illegally, arbitrarily, whimsically, capriciously with mala fide motive and in clandestine manner in colourable and arrogant exercise of so-called "Discretionary Power" by the Respondent; and b) pass an order directing the Calcutta High Court to send the case record of CO No. 7553(W) of 1986, Bidhannagar (Salt Lake) Welfare Association v. State of West Bengal to furnish the same to this Hon'ble Court with notice to the Petitioner therein and to hear and dispose of the said CO No. 7553(W) of 1986 on its merit after setting aside the order dated 2.9.2003. c) direct the Respondents herein to produce the Master Plan as originally framed from the original records of the Salt Lake City. d) impose exemplary damages of substantially high amount on the Respondent No. 2 to 6 to set a deterrent example and also to compensate the public exchequer for the loss caused to the general public for reasons of discretionary allotment of valuable plots by the Respondents to suit their personal, political, nepotistic and financial ends; and e) pass any other order further order/s as this Hon'ble Court may deem fit and proper.
(2.) Above prayers are claimed on the averment that even after pronouncement of judgment of this Court in Dipak K. Ghosh v. State of West Bengal, 2006 3 SCC 765, there has been violation of the original Master Plan of the Salt Lake City against which several demonstrations were taken out. The Petitioner also submits that the issues raised in Writ Petition No. 7553 filed in the Calcutta High Court have not been settled by that Court or even by this Court. In his submissions, these issues require consideration being questions of great importance.
(3.) According to the Petitioner, the Salt Lake City was the result of dream of the late Chief Minister Dr. B.C. Roy of establishing a new township for the lower and middle income groups on the eastern side of Calcutta (now Kolkata) and the land to be used for that purpose was the reclaimed land of the Salt Lake. In the year 1967, a Master Plan was prepared under the Government instructions and the Government was expected to develop the area in accordance with that Master Plan which had, inter alia, made the following provisions: a) 60% plots are earmarked as residential plots. b) Separate drainage and sewerage system. c) Open space to the tune of 12; d) Location of commercial plots in one zone. e) Location of few shop allowable plots meant to cater to the local needs of each residential plots. f) Roads on different types. g) Open space and other amenities such as Park. h) Separate area to reserve for co-operative or different organisations like CMDA Union Government Departments, Administrative building local centres, play ground, education institutions and also suitable allocation of Parks in each block.;