Sanjib Banerjee, J. - (1.) In these petitions under Article 226 of the Constitution of India, the petitioners question the propriety of a notification of January 28, 2016 issued by the Central government for taking over the management and control of seven tea estates. The notification has been issued in apparent exercise of the powers conferred in the Central government under Sec. 16E(1) of the Tea Act, 1953.
(2.) The petitioners claim that the notice is ex facie illegal as it does not indicate the reasons for the exercise of the extraordinary authority under the relevant provision. The petitioners contend that there is no evidence of the formation of the Central government's opinion for the publication of the notification. They assert that not only did the situation envisaged by either clause (a) or clause (b) of Sec. 16E(1) of the said Act not arise, but there is also no recording of the Central government's satisfaction that such circumstances existed warranting the taking over of the management of the concerned tea estates. The petitioners submit that the notification is expropriatory in nature and is otherwise violative of Article 300A of the Constitution. The petitioners maintain that the said notification is malafide and the authority has not been exercised for the purpose envisaged in the provision, but a particular group has been targeted. The petitioners also say that no ameliorative steps in respect of the seven tea estates have yet been taken by the Central government or the person authorised under the notification and such authorised person, the Tea Board, has invited expressions of interest to delegate its obligation to manage the tea estates to some other, which is impermissible.
(3.) The impugned notification, in its opening recital, refers to the representation received by the Central government on the "deteriorating condition of the tea gardens of West Bengal, in particular the tea gardens owned and managed by M/s. Duncan Industries Ltd." The notification refers to the Tea Board, a statutory body constituted under the said Act of 1953, having submitted a report on all 14 tea gardens owned by Duncans pursuant to a direction of the Central government. It also speaks of a report received from the State government on the status of stressed tea gardens in this State. It refers to the situation in the tea gardens in West Bengal being assessed by the Central government "on the basis of the report of the Tea Board and the State Government of West Bengal and consultations with the stakeholders of tea sector." The opinion formed by the Central government is reflected in the final recital as follows: "And whereas, the Central Government is of the considered opinion that the tea gardens as listed below are being managed in a manner highly detrimental to the tea industry and to public interest ...";