- (1.) What is challenged in these writ petitions in the nature of Public Interest Litigation is allotment of plot of land No. CA- 222 measuring 63 cottahs equivalent to about 4250 sq. meters in Sector V, Salt Lake City (Bidhannagar), Kolkata in favour of Sri Sourav Ganguly.
(2.) The facts leading to filing of these petitions, broadly stated, are taken from W. P. No. 17862(W) of 2009 which is treated as the lead petition. An Advertisement was published in the Times of India dated 5th November, 2006 and in "Ganashakti", a Bengali daily. The Government of West Bengal invited applications for allotment of plot No. BF-158 in Sector I, Salt Lake in the following terms : "The Government of West Bengal in the Urban Development Department has earmarked a plot of land measuring about 50 cottahs at plot No. BF-158 in Sector I of Bidhannagar, Kolkata-700 064 for setting up of an integrated school from Primary Level to Higher Secondary Level. The School will be basically academic in nature. But extra curricular activities shall form an integral part of the curriculum so that students, who intend to opt for career in the sports/culture/fine arts, can also get opportunities of training of national and international standard (in the field of sports/culture/fine arts/academic) so that they may excel in the field in future. The school may be either Bengali or English medium. The intending organization/institution/body/registered society/trust who are capable of running and managing by their own resources such a school, may apply to the Principal Secretary, Urban Development Department, Government of West Bengal" Applications were invited within 15 days specifying the details of the project. The advertisement further stated as under :- "The aforesaid plot of land will be leased out to the selected applicant for a period of 999 years on payment of salami Rs. 12000/- (Rupees twelve thousand) only per cottah and on fulfillment of the necessary terms and conditions applicable for allotment of land in Salt Lake (Bidhannagar) and all statutory formalities required for setting up of a school of this type. The Government, however, reserves the right to change the location of the land and revise the rate of salami at its full discretion and such discretion shall be final. The decision of the Government in selection of the applicant to whom the land will be leased out will also be final in terms of the present procedure of such selection."
(3.) In response to the above advertisement, 20 parties applied including respondent No. 9 - Sourav Ganguly. Respondent No. 9, along with his application dated 17th February, 2009, submitted a Project Report for an upcoming school to be set up at the above plot. Respondent No. 9 stated in his application that he wanted to start a progressive coeducational English medium institution in the city as there is an ever increasing demand for such institutions, especially in the northern and eastern part of the city of Kolkata. The object of the proposed educational institution would be academic excellence with a balanced blend of cocurricular activities and sports for the all round growth of the younger generation. The introduction to the Project Report stated that the School was being set up in view of the flood of new enterprises in business and industrial activities, especially in Information Technology in Salt Lake, Sector V and also in view of the upcoming industry in the industrial township in Rajarhat.;