Shivangi Prakash-
Published On: September 28, 2021 at 16:44 IST
A Division Bench of the Calcutta High Court has imposed a token cost of Rs 10,000 on BCCI President Sourav Ganguly and a cost of Rs 50,000 each on the government and Bench-owned West Bengal Housing Infrastructure Development Corporation (WBHIDCO) for irregular allotment of land to the former captain to set up a school in the New Town area,
The sum shall be submitted with the West Bengal Bench Legal Services Authority within four weeks, according to the Bench, which included Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee.
“Though the plot of land has been returned by the allottees, for the conduct of the Bench in generating litigation by arbitrary exercise of power that runs totally contrary to the law laid down by the Supreme Court, we impose a cost of Rs 50,000 each on the Bench and WBHIDCO,” the Court said.
The Bench exclaimed that the Government and WBHIDCO could collect the money from the personnel who made the allotment decision.
Sourav Ganguly and the Ganguly Education and Welfare Society were charged a nominal fee of Rs 10,000.
The Court said, “Even they should have acted in accordance with law, specially considering the earlier judgment whereby arbitrary allotment of plot in their favour was set aside by the Supreme Court.”
The Bench was hearing a Petition filed in 2016 challenging Sourav Ganguly’s irregular granting of two acres of land in New Town for the purpose of establishing a school.
On September 27, 2013, Ganguly and the society were given the allotment. In August 2020, the plot of land was turned over to WBHIDCO.
“The country always stands by the sportspersons, especially those who represent the country at international events. It is also a fact that Sourav Ganguly has brought laurels to the country in cricket,” the Court said.
“But when it comes to law, our constitutional scheme is that all are equal and no one can claim to be exclusive, above the law and seek benefits from the state, especially when a question arises about allotment of plots for commercial ventures,” the Court further said.
The Court also stated that a specified policy should be used to guide all decisions so that power is not exercised arbitrarily by employing a pick-and-choose formula.
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