V.K.Gupta, J. - (1.) An ambitious project conceived some time in 1986, to convert an existing market place which has been in an extremely dilapidated state, full of dirt, filth, squalor, human excreta and with all the hazards that go alongwith an unstable structure built, may be hundred or more years ago, into an ultra-modern multi-storeyed shopping mall has not been allowed to even take off till date, thanks to the dialling dallying on the part of the authorities of Calcutta Municipal Corporation and others, the delay of more than 11 even in starting the project, for a change not being attributable at all to any judicial process. It is not very uncommon these days that some people raise accusing fingers towards the courts of law for delaying the execution, completion and commissioning of projects because of the pendency of litigation in the courts and the issuance of interim directions. This however is a classic case where, without any Interference from the courts, the Authority entrusted with the task has not acted at all, for wholly unsustainable reasons. A project which was conceived In the year 1986 and for which a formal agreement was drawn in the year 1987, was to be completed in a couple of years thereafter and yet, 11 full years having passed by in the meantime, not a brick has been laid so far. It was a case of total apathy on the part of CMC authorities: a total lack of concern for the initiation of the project and for its timely completion. The result is that the squalor. the dirt, the filth, the human excreta and the hazards of unsafe habitation in that dilapidated structure called Lansdowne Market continue to rule the roost. The facts may be summarised herein below:
(2.) On 6th May, 1986 the Calcutta Municipal Corporation (CMC for short) issued a notice inviting tenders for the reconstruction of the Lansdowne Market through a private developer. Respondent No. 13, the private developer submitted his tender along with other eligible tenders and after processing the tenders received and the evaluation of the tender documents etc. CMC on 14.2.87 awarded the contract to respondent No. 13 for building the Lansdowne Market. The construction was to be completed within 48 months from the date of the execution of the contract. The contract agreement executed between the CMC and respondent No. 13 provided that respondent No. 13 shall pay to CMC a sum of rupees 1,39, 51,000/- as premium out of which Rs.20,92,650/- had to be paid on or before the execution of the agreement and Rs.3,00,000/- to be deposited as security. The existing stall holders would be relocated temporarily in phases to facilitate the construction and the cost of relocation shall be home by the respondent No. 13. The respondent No. 13 shall construct the entire building arrange for rehabilitation of the existing authorised occupants in the newly constructed building on its ground floor at his own cost and expenses and if the space on the ground floor is not found adequate, the rehabilitation may be extended to the first floor. The respondent No. 13 shall provide power supply, continuous water supply, drainage, electrification and other services as also escalators, passenger lifts, lifts for goods, car park etc. He will also arrange the landscaping of the open space around the building. The entire cost of construction estimated at Rs.24 crates would borne by the respondent No. 13. The CMC shall be given the constructed area of 1182 square metres which was at present occupied as also additional constructed area of 1000 sq. mtr., all free of cost. The remaining space shall be leased out to respondent No. 13 for 60 years @ Rs.25/- per sq. mtr. per month inclusive of maintenance cost with provision for periodical increases. Total area to be constructed by respondent No. 13 is 43690 sq. mtr. out of which 3984 sq our. will be used for services and car parking in the basement. An area of 6875 sq mtr. on the ground floor will be given to the existing stall-holders and additional area of 700 sq mtr. on the first floor. CMC would be given the areas of 1182 and 100 sq. mtr. respectively free of cost. The gross area available in the upper floors of the building has been worked out at 39,960 sq. Corr. Excluding 14980 sq. mtr out of this area for circulation for corridors, stairs and toilets etc., the respondent No. 13 was left with an area of 14980 sq. mtr. which he was getting on a lease valid for 60 years. It was to spend almost Rs. 25.39 crores, apart from spending the monthly lease money. The ownership of the building was to remain with the CIVIC.
(3.) If the CMC was to take up the reconstruction of the Lansdowne Market itself, it has to be incur the following expenditure: 1. Cost of shifting the existing stalls: 2. Cost of building temporary alternative structures for relocation of the existing stall holders. 3. The cost of structuring only the basement and foundation was worked out to Rs.9.77 craves. If the CMC was to borrow Rs.25 corres from HUDCO, It was liable to pay interest etc. etc.;