Ashok Kumar Mathur, C.J. - (1.) This is a public interest litigation whereby the petitioner has prayed that a writ of Mandamus be issued restraining the respondents in completing the Chandmoni Project in violation of the provisions of the West Bengal Town and Country (Planning & Development) Act, 1979 and outline development plan for Siliguri-Jalpaiguri Development Authority. The brief facts which are necessary for disposal of this case are that the petitioners are the citizens of India and they are permanent residents of Siliguri. There is one oldest tea estate known as Chandmoni Tea Estate. It is situated in the hills of Darjeeling. This estate is spread over 850 acres of land which was leased out to it by the State of West Bengal. Thereafter, 185.605 acres of land were acquired and vested in the State of West Bengal since 1950 to 1992 for national projects like National Highway 31, Siliguri Railway Station, Police Check Post, Transport Nagar and West Bengal State Electricity Board. At present the estate is comprised of 725.9 acres of land, the tea estate has a work force of about 600 persons out of which 308 are permanent workers. It is alleged that in 1986, the production of the tea estate was 2 lakh kgs. However, due to unrest a lockout was declared. Then again in the years 1988-89 to 1990-91 average annual output was estimated to 5 lakh kgs. of green tea. It is stated that subsequently the production of the green tea in the years 1994-1997 were estimated to the tune of lakhs of kgs. though this tea garden also incurred a loss of 2.5 crores. One Dipankar Chatterjee, the respondent No. 8 is the owner of the present tea estate. On 13th November, 1997, the Government of West Bengal signed a memorandum of understanding to convert 406.64 acres of land of tea estate for satellite township of Siliguri. The present estate of Chandmoni Tea is situated on the Northern fringe of the Siliguri Municipal Corporation. The memorandum of understanding provided that for the purpose of satellite township of Siliguri, the lease hold land shall be surrendered to the Government of West Bengal and thereafter the Government of West Bengal shall lease out the said land for a period of 99 years to the new company which will be floated by Chandmoni Tea Estate. As per the memorandum of understanding the company shall hand over 406.64 acres of land in favour of Block Land and Land Reforms Officer, Siliguri on the appointed date and time i.e. on 18th December, 1998. It is this action which is being sought to be challenged by filing this public interest litigation by making grievance that the aforesaid plan of converting this tea estate for the purpose of development of the town and for construction of satellite township of Siliguri is in violation of the outline development plan for Siliguri prepared under the West Bengal Town and Country (Planning & Development) Act, 1979 by the development authority and this will destroy the environment of Siliguri and it is also alleged that the aforesaid project is against the workers of the company who will be evicted and be threatened with dire consequences. The present petition is being opposed by the respondent and the respondent has pointed out that number of people have illegally trespassed over the land of the tea estate and looking to the growing need of the town of Siliguri, the present project has been conceived and the memorandum of understanding was signed between the State of West Bengal and the respondent No. 8. It is also pointed out in an affidavit filed subsequently on behalf of the State by Bidyut Baran Ghosh, Deputy Secretary, Urban Development Department, Government of West Bengal that this whole project will be in joint sector and the State of West Bengal will have 16% of the equity share in the company to be floated by the name of Lakshmi Township Company for the purpose of development of projects like Satellite Township at Chandmoni Tea Estate. The respondent-State and Siliguri Development Authority submitted that since the need of expansion in the township of Siliguri was felt, therefore, an outline development plan was prepared by Siliguri-Jalpaiguri Development Authority and it is also admitted that the total area comprising of this development plan shall spread into a large chunk of the area measuring about 260 square kilometers which is 22.47 per cent of the authority area. However, at present for urban development a limited area out of this land has been taken for housing various projects like Government offices, hospitals, schools etc. The tea estate also falls in the outline development plan (hereinafter referred to as O.D.P.). It is also mentioned that the declared "urban" segments in the O.D.P. area constitutes only 63 square kilometers. Siliguri Municipality (15.5 Sq. Km.), Dabgram (45.9 Sq. Km.) and Bagdogra (1.6 Sq. Km.). The balance 197 square kilometer is rural with undeclared urban pockets experiencing fast urbanisation. It is also mentioned that Siliguri Municipal Town, the rural areas of Siliguri Police Station and Dabgram urban area which are contiguous, have marked high rate of population growth owing to the process of natural growth supplemented by migration. Therefore, large chunk of the area has been left out for urbanisation. The present tea estate falls in the other rural area, the same has been left out at present for future land use. Therefore, it is clearly mentioned in Part-B under the heading future land use in Clause 8 as "the defence and paramilitary establishments as well as tea gardens, in and around the O.D.P. area remain untouched for obvious reasons".
(2.) In this background, the question is whether the so-called memorandum of understanding entered into between the State of West Bengal and the respondent No. 8 can be found to be bad on any account. In this connection, it may be relevant to mention here that according to Section 6(3) of the West Bengal Estates Acquisition Act, 1953, the State Government can take any land comprising of tea gardens, mills etc. from intermediary after giving an opportunity of being heard and it can revise the lease. Therefore, it is open for the State Government if they chooses they can revise the lease after giving a notice to the intermediary and reduce the area of lessee looking to his requirement. Section 4C of the West Bengal Land Reforms Act, 1955 also permits the land holder to change the use of land with due permission of the Collector. The State Government assumed the land of the petitioner in pursuing the order dated 23rd June, 1998 on 18.12.98 which is placed on record as Annexure "B" measuring 406.64 acres of land of this tea garden and thereafter the State Government has entered into a memorandum of understanding with the respondent No. 8 to float a joint venture company by granting this land for urbanisation. As per the memorandum of understanding which is placed on record also contemplates that the balance land will continue to be with the present owner for tea estate and the land which has been assumed by the State Government to the tune of 406.64 acres has been valued at Rs. 13,92,87,947/-and the lessee is reqirred to pay 95% of the total value of the land as Salami and the lessee will also pay annual rent. The lease will be for a period of 99 years. It also contemplated that the new company will transfer 20 acres of developed land out of the 406.64 acres to Siliguri-Jalpaiguri Development Authority, free of costs, for ultimate end use to be decided by the authority. It is also agreed that this will be a joint sector project under the name of Lakshmi Township Company and the State Government shall have 16% equity shares of the company. In this background, the whole memorandum of understanding had been arrived at between the State of West Bengal and the respondent No. 8 for development of that area. It will not be out of place to mention that Siliguri town is a fast growing town and it is on the National Highway in North Bengal. Therefore, it has potentiality for development of the present township and this development has been taken by the State of West Bengal in a joint sector project. At present, the whole project is at the threshold and the whole plan for development has yet to be conceived. It is not that because of this memorandum of understanding the joint sector company shall do away with the necessary provisions of the relevant laws. As a matter of fact, the so-called joint sector company in case they conceive any scheme for development of the area they will have to get those plans duly approved by Siliguri-Jalpaiguri Development Authority and the appropriate authorities under the. West Bengal Town and Country (Planning & Development) Act, 1979. At this stage, the petitioner has tried to stall the whole project by filing the present writ petition and making grievance with regard to the employees who are likely to be rendered jobless and so-called ecological imbalance. It has been mentioned by the respondent No. 8 that they have already conceived a plan for rehabilitation of the workers who will be rendered jobless on account of this development programme. We are not going into the question whether these workers who are going to be rendered jobless should be provided or not as our whole examination of the matter is that whether the so-called development of the area in a joint sector is in violation of provisions of the relevant laws or not. As we have already mentioned above that this joint sector project for the development of Siliguri which is a fast growing town and apparently we do not find that any illegality has been committed. It is open for the State to change end of use of the land and that the State Government has done under the provisions of the Act and leased out its very area for 99 years to the company which is likely to be floated as Lakshmi Township Company in joint sector with a 16% of the equity share in the company. After going through the whole scheme we don't find any illegality. In case of any development scheme is conceived it has to meet a proper approval of the Siliguri-Jalpaiguri Development Authority and it will have to abide by the necessary provisions of law like provisions of West Bengal Town and Country (Planning & Development) Act, 1979 as well as other provisions of the environment and likewise. Therefore, at present we are of the opinion that no illegality has been committed so as to warrant interference in the public interest litigation. The learned Counsel for the respondent No. 8 has seriously doubted the bona fides of the petitioners and submitted that the whole exercise of the public interest litigation is not for the benefit of the public but it is for the benefit of some workers. Therefore, it should not be treated as public interest litigation. In this connection, the learned Counsel for the respondent No. 8 has invited our attention to a decision of this Court in Partha Roy Chow dhury v. State of West Bengal reported in 1999 (2) CHN 280. Since we have examined the matter on merits, therefore, we need not to examine the question of locus standi in the present petition. The learned Counsel for the Siliguri-Jalpaiguri Development Authority has also submitted that the authority will certainly examine the scheme which will be placed for the development of the area by the joint venture company and if it finds any illegality or violation of the O. D. P. or the West Bengal Town and Country (Planning & Development) Act, 1979 they will take appropriate steps in the matter. Therefore, having regard to the facts of the case we are satisfied that there is no merit in the public interest litigation and the same is dismissed with no order as to costs.
(3.) Kabir, J. : I agree. Latter on-If urgent xerox certified copy of this order is applied for the same may be made available to the learned Advocates for the parties upon compliance of all the formalities.;