SACHIDANANDA PANDEY v. STATE OF WEST BENGAL & ORS.

FEBRUARY 11, 1987

B

Environmental law-Interference by the Supreme Court with the policy decision of government, whenever a problem of ecology is brought before it, extent of-Constitution of India, 1950, Articles 32, 48A, 51A(g)-Whether the Government of West Bengal was not alive to the ecological considerations, particularly the question of the migratory C birds and whether has shown such lack of awareness in making an allotment of land to boost tourism by construction of Five Star Hore/ to the detriment of Zoological garden. Cabinet Memoranda dated January 7, 1981 and Sep. 9, ·1981 allot- ing land for the construction of Five Star Hotel to Taj Group of D Hotels-Whether should contain every item considered and whether non-mention lead to adverse presumption that a particular point was not considered. Natural justice, Principle-Whether the principle of natural justice is said to be violated on the ground that those who are most interested in the Zoological garden were not heard before the decision was taken. E

New plea in the Supreme Court for the first time-Public docu- - ment, evidentiary value of-Documents received admitted and relied on both by the Single and Division Bench of the High Court-Plea of authenticity of the document and objection to its reception, cannot be ~· allowed in an appeal under Article 136 of the Constitution. F

The Bengal Public Parks Act, 1<)()4, Preamble Sections 3 and 4 scope and applicability.

West Bengal Land Management Manual, 1977, Paragraphs 165, 166, 167, applicability of-Whether the procedure prescribed therein G not being followed, the transfer of the land to Taj Group of Hotels is bad.

Disposal by Public auction or by inviting tenders-Whether bound to be followed by the State, in pursuing the socio-economic objectives enshrined in the Constitution. H

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Public Interest Litigation, parameters. delineation need for stres- A sed.

There is in Calcutta, a Zoological garden located in Alipore, now almost the heart of Calcutta, on either side of Belvedere Road, one of Calcutta's main arterial roads, fortynine acres of land on one side and B eight acres on the other. The main zoo is in the fortynine acres block of land. The said eight acres of land was outside the Zoological garden and \.- separated from it by a 80-100 feet road and is also known as the Begumbari land. The Begumbari land was given to the Zoological garden in 1880. According to a letter written on July 7, 1880 by the Assistant Secretary to the Government of Bengal in the Public works C Department to Mr. L. S10hwandler, Honorary Secretary Zoological garden conveying the sanction of the Lt. Governor for the transfer of the Begumbari land to the charge of the Committee of the Zoological Garden, on the terms agreed to by the Committee in their letter dated April 23, 1880, the conditions of the transfer were: "(i) that the land is to be used for the purpose of acclimatization only; (ii) that Carnivors D are not to be kept ou any part of it, on any account; (iii) that the grounds are to be kept clear and neat; (iv) that the land must be re- stored to the government if hereafter required, the Zoological Garden Committee being reimbursed for any expenditure they may have ineur- red in building there." In this eight acres of land there are some old buildings and the vacant land was used for fodder cultivation,for rais- E ing Dower nursery, as a sumping ground for huge garbages and as burial ground for dead animals.

In January, 1979, the Director General of Tourism Government of India addressed a letter to the Chief Secretary Government of West Bengal conveying the Resolution of the Tourism conference which was F presided over by the Union Minister of Tourism and attended by several State Ministers and requesting that land in good location may be made available for construction of hotels in a drive to encourage tourism. In May, 1980, the Taj Group of Hotels came forward with a suggestion that they would be able to constrnct a Five Star Hotel. On September

29. 1980 and November 29, 1980, there were two notes by the Secretary G of the Metropolitan Development Department to the effect that the I.T.D.C. was interested in a property known as the Hastings Honse Properly and that the Taj Group of Hotels who considered the Hastings House properly unsuitable may b1! offered four acres out of the eight acres of Begumbari land. On the same day the Taj Group of Hotels wrote to the Government of West Bengal stating that the proposed land H could be seriously considered for construction of a hotel. Thereafter.

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the Chief Minister along with the Minister of Tourism and the Minister A r for Metropolitan Development visited the site accompanied by the Di- rector of the Zoo to apparently knew about the proposal right from the start. A note was then prepared by the Secretary, Metropolitan Development Department and put up to the Chief Minister for his r approval. The Chief Minister approved the proposal and required it to be placed before the Cabinet. On .January 7, 1981 a memorandum was B prepared for the consideration of the Cabinet explaining the need for

I the more Five Star Hotels in Calcutta and the benefits flowing out of the

... ..,, construction and establishment of such Five Star Hotels and suggesting the lease of Hastings House Property to the I.T.D.C. Group and the Begumbari property to the Taj Group of Hotels. In regard to the Begumbari property, it was stated: "From the property of the Zoologi- cal Gardens on the Belvedere Road it is possible to carve out about four c ·y acres of land currently used for dumping garbage and also for growing grass for the elephants. It will be necessary and in any case advisable to shift the dumping ground. While adequate space can be made available for growing grass elsewhere in the same area." It was stated that the Finance and Tourism Departments had agreed to the proposal to lease D the properties to the I.T.D.C. and the Taj Group respectively. It was stated that though the Forest Department had suggested that Salt Lake was a better place for establishing a Five Star Hotel, there was no j demand for a Five Star Hotel in that area and the request for a hotel in Salt Lake was confined to a Three Star Hotel. Cabinet approval was sought for the offers to be made to the I.T.D.C. and to the Taj Group E and for the constitution of a suitable Committee to undertake negotia- lions with the two groups.

....... On February 12, 1981, the Cabinet took a decision approving the proposal contained in the last paragraph of the Cabinet Memorandum, thus clearing the way for negotiations with the Taj Group. F ,, Meanwhile the Public Undertakings Committee appointed hy the West Bengal Legislative Assembly submitted a report on 14.2.1981 about the Zoo. While suggesting that the government may consider abandoning the proposal to set up a hotel on the eastern side of the zoo, the Committe also referred to a proposal to establish a "Subsidiary G ·~ Zoo" some slight distance from Calcutta and the request said to have been made for the allotment of 200 acres ofland for that purpose.

The Chief Town Planner who visited the site at the request of the Secretary, Metropolitan Development Department and in the presence of the Director of the Zoo, suggested that 2 to 2'h acres of land might be H

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A made available for the Hotel.

On March 19, 1981 the Taj Group submitted a proposal to the government containing fairly detailed information about the tourism industry and its needs, the situation in Calcutta, the realities of Hotel l construction the facts relating to what had been done in other cities, the benefits flowing out of the construction of hotels and their own pro- posals for constructing a hotel in the four acres of land in Belvedere Road. Two alternative fmancial arrangements were suggested. The first alternative was the payment of annual rent on the basis of the valuation of the land, the second alternative was based on the concept of nett sales, nett sales being defined as sales after deducting all taxes and levies and service charges. The Metropolitan Development Department expressed a preference for the second alternative and suggested the constitution of a Committee. The Finance Department also approved. The Taj Group was invited to send the financial projection on the basis of the second alternative. Correspondence went on. On June 5, 1981 a Committee of Secretaries was formally constituted. In the meanwhile D WEBCON, a West Bengal Government Consultancy Undertaking, was asked to examine the proposals and to advise the Government.

On June 11, 1981, the Managing Committee of the Zoo passed a resolution expressing itself against the proposal to construct a hotel on land belonging to the Zoo. Accepting the note put up by the Secretary E Metropolitan Development Department on the said resolution the Chief Minister minuted that "if further facilities are necessary for the zoo, the government will provide for them." On June 25, 1981, the Manag- ing Committee met again and passed another resolution by which they withdrew their earlier objections dated 11.6.1981. --t•·· F On June 29, 1981, the Director of the Zoo, who was a party to all the proceedings etc. right from the beginning wrote to the Secretary of Animal Husbandry and Veterinary Services Department stating ' ' his objections to the proposal to lease the land for construction of a hotel.

G On July 14, 1981, the WEBCON submitted its report and on the request of the Committee of Secretaries a further report was submitted /-. ·, on July 22, 1981. The report of WEBCON is a comprehensive report on various topics connected with the establishment of a Five Star Hotel in Calcutta. Among other things the report also suggested various fman- cial alternatives and recommended the second alternative based on nett H sales as the best.

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Meanwhile negotiations with Taj Group proceeded apace. The A WEBCON submitted further reports. Taj Group suggested further modifications. On September 9, 1981 a detailed memorandum \l\llS pre- pared for cabinet discussion. Two alternative financial proposals were set out. A reference was made to the Committee of Secretaries who negotiated with the Taj Group of Hotels. Note was taken of the sugges- tion of the Negotiation Committee that the overall development plan for B the environmental beautification, widening of approach roads, land- scaping of Tolley's Nullah were responsibilities of the State Govern- ment and estimated to cost Rs.2 crores but that it was expected to be of considerable public benefit. Stress was laid on the direct and indirect economic activities which would be generated by the establishment of a five Star Hotel. Reference was also made to the report of WEBCON and it was noted that the projected profitability of the venture to the govern- c ment was expected to be high. It was also mentioned that the Ministers, incharge of Tourism, Animal Husbandry, Land Revenue and Finance ~ had seen the note and had agreed to it. On September 10, 198 I the ' , Cabinet took the final decision to grant a ninety-nine years lease of the four acres of Begumbari land to the Taj Group of Hotels. On Septem- D l ber 29, 1981 the Government of West Bengal officially conveyed its acceptance of the proposal of the Taj Group of Hotels for the construc- tion of a Five Star Hotel. The terms and conditions of the lease were set IJ;.·out. On January 7, 1982, there was a joint meeting of the Establishment ' and Finance sub-Committees of the Zoo and it was decided to recom- mend to the Committee of management that the demarcated area of E four acres may be relinquished in favour of Animal Husbandry and Veterinary Services Department subject to the requirement that the zoo will continue to get the services. and the facilites in the existing . structures until they were reconstructed on the adjacent land. On ~

• January 11, 1982 the Managing Committee endorsed the view of the sub-committees and this was communicated to the government. On F January 15, 1982, the Government of West Bengal wrote to the Land Acquisition Officer, with copies to the Taj Group of Hotels directing the Land Acquisition Officer to give possession of the land to the Taj-Group of Hotels subject to their later executing a proper long term lease. It was mentioned in the letter that the construction of the Hotel should not be started till the lease deed was executed and registered. Several other G stipulations were also made. Though the stipulation was that the cost of the new construction was to be initially met by Taj Group of Hotels and later to be adjusted against the rent payable by Taj Group, the Taj Group later agreed to waive such reimbursement (in fact a total sum of Rs.30 lakhs has been spent by Taj Group of Hotels in connections with the reconstruction. Not only this, land in the extent of 288 square H meters out of the plot given to them was carved out and given back for ; A accommodating part of the reconstructed structures.

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Pursuant to the letter dated January 15, 1982 possession was · given to Taj Group• on January 16, 1982. Thereafter an expert commit· tee was constitued to supervise the construction of alternative facilities. B Five petitioners-a Trade Unionist, two life members of the Zoo, two other bonafide residents of Greater Calcutta, all lovers of wild life-filed a petition in public interest on 26.2. 1982. Initially the relief sought was primarily to restrain the Zoo authorities from giving effect to the two Resolutions dated January 7, 1982 and January 17, 1982 to hand over the four acres to the Animal Husbandry Department of the c Government. Subsec111ent to the filing of the writ petition a lease deed was executed by the Taj Group of Hotels in favour of the government. The Writ Petition wais therefore amended and a prayer for cancellation was added.

D While the writ petition was pending in the High Court, Late Smt. Indira Gandhi wrote a letter to Sri Jyothi Basu, the Chief Minister of . West Bengal expressing the hope that he would not allow the Calcutta Zoo to suffer in any manner and would leave it intact. The Chief Minis· ter in his reply letter dated 21.8.82 pointed out that:(i) the four acres o '. land were agreed to be relinquished by the Committee of management fJ E of the Zoological Garden on condition that alternative arrangement ·~ were made for shifting the existing structures which were necessary for ' the Zoo from the plot in question to the adjacent plot; (ii) the plot in ,·. question was not a part of the Zoo Garden; (iii) till the existing , structures are relocated on the adjacent land, the zoo would continue to :iii get their services and facilities from the existing structures. (iv) the · · F hotel was not the only !all building since there existed many such resi· dential buildings to which none raised an object.ion and that P&T Department are also constructing one such tall building; and (v) the lessee and their experts on wild life had assured them that in any case adequate precaution would be taken in regard to illumination of the hotel and the layout of the sorrounding so that no disturbance would be ;, G caused to the flight path of the birds or animals. To similar effect was ., the letter dated 30.8.1982 from Shri J.R.D. Tata to the Prime Minister on September 1, 1982. Smt. Indira Gandhi wrote to Mr. Tata expres· sing her happiness that the hotel was not going to upset the Zoo animals and welcoming his offer to help the State Government to improve the Zoo's facilities. H

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A learned Single Jndge of the High Court dismissed the writ A petition holding that the West Bengal Government did not show any lack of awareness of the problem of environment ecology in granting the lease of land. On appeal, a Division Bench confirmed the said judg- ment. Hence the appeal by Special leave of the Court.

Dismissing the appeal, the Court, B

1.2 Applying the above guidelines to be followed when questions of ecology and environment are raised, it is clear that the facts and circumstances brought out by the appellants do not justify an inference that the construction of the proposed hotel in the Begumbari land would interfere in any manner with the animals in the Zoo and the birds arriving at the zoo or otherwise disturb the ecology. The proposed hotel is a Garden-hotel and there is perhaps every chance of the ecology and environment improving as a result of planting numerous trees all H

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A around the proposed hotel and the removal of the burial ground and . dumping ground for rubbiish. [263A-B]

1.3 That the questiion of ~bstruction which may be caused to migratory birds did not go unnoticed by the government before the decision to lease the land was taken, is clear from the following: (i) the B question of the migratory bird was first raised in the resolution of the Managing Committee dated June 11, 198 l. This resolution was for- warded to the Chief Minister and considered by him as evident from the note of the Chief Minister and the subsequent reversal of the Managing Committee's resolution al the instance of the Chief Minister and on his assurance; (ii) that the government was aware of the dissension based on the alleged obstruction likely to be caused by a multi-storeyed build- c ing to the flight of the migratory birds appears from the letter of the Chief Minister to the Prime Minister. In this letter, the Chief Minister pointed out that there were already in existence a number of multi- storeyed buildings all around the Zoological Garden, but there was no report that they had any adverse effect on the migratory birds or the D animals. He also pointed out that all precautions would be taken in the matter of illumination of' the hotel and lay out of the surroundings so that no disturbance woulld be caused to the flight path of the birds or animals; (iii) Shri J.R.D. Tata, on behalf of the Taj Group of Hotels also wrote to the Prime Minister assuring her that the hotel manage- ment had discussed the matter at length with a representative of the E Wild Life Fund who, after discussion had been satisfied that the pro- posed hotel would cause no disturbance to the birds. He further assured her that he had himself gone thoroughly in to the project with the special reference to the possible impact on the birds and the environment and had satisfied himself that project would not cause any disturbance to the birds or their free movement. He pointed out that the four acre plot F was not within the main Zoological Garden, but was separated from it by the Belvedere Road which was an important thoroughfare in the city. It was about 700 feet from the main part of the lake. The hotel was proposed to be built away from the frontage of the plot in Belvedere Road and was to be a low-rise structure, the highest point of which would not exceed 75 feet, far below the trajectory of the birds. He G mentioned that Dr. Biswas a renowned ornithologist had also been consulted by the Taj Management and he had also confirmed that a 75 feet building would not interfere with the landing or climbing out of the birds from the lake. He further mentioned that the grounds of the Zoo between the lake and the Belvedere Road were covered with tall trees and that the birds negotiating the trees would have to Dy at a steeper angle H than it would be necessary to negotiate the proposed hotel. The vehicu- tar traffic on Belvedere Road which ·.fas also heavy did not bother the ( birds and the slight increase of the vehicular traffic consequent on the construction of the hotel was also not likely to bother them either. It was also pointed out that particular care would be taken in the matter of illumination of the hotel so that bright lights or neon signs emanating from the hotel would not disturb the birds and animals. In the circum· stances, the government was alive to the ecological considerations particularly the question of the migratory birds. [260E·H; 261A-E]

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2. 1 It is wrong to think that every thing not mentioned in the Cabinet Memoranda did not receive consideration by the government. In the instant case the process of choosing and alloting the land to the Taj Group of Hotels nearly took two years during the course of which objections of various kinds were raised from time to time. It was not -f necessary that everyone of these objections should have been mentioned and considered in each of the Cabinet Memoranda. [260C-E]

2.2 The proposition that a decision must be arrived at after taking into account all relevant considerations, eschewing all irrlevant considerations cannot for a moment be doubted. In the ~nstant case, relevant considerations were not ignored and indeed were taken into consideration by the Government of West Bengal. It is not one of those cases where the evidence is first gathered and a decision is later arrived at one fine morning and the decision is incorporated in a reasoned order. This is a case where discussion had necessarily to stretch over a E long period of time. Several factors have to be independently and sepa· rately weighed and considered. This is a case where the decision and the reasons for the decision could only be gathered by looking at the entire course of events and circumstances stretching over the period from the initiation of the proposal to the taking of the final decision. The argu- ment that what was not said in either of the Cabinet Memoranda could F not later be supplemented by considerations which were never present in the mind of the decision making authority is not correct. l263E-G I

Rohtas Industries Ltd. v. S.D. Agarwal, [ 1969] 3 SCR 108 and Barium Chemicalsv. A.G. Rana, [ 1972] 2 SCR 752, referred to. G Mohinder Singh Gill v. Central Election Commission, [ 1978] 2 SCR 273, distinguished.

3. There was no failure to observe the principles of Natural Justice. Such as those as were really interested in the matter like the Managing Committee of the Zoological Garden and the Director of the H

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Zoo did have their say in the matter. The Public Undertakings Commit- \ A tee in its report discussed the matter and invited the Government's attention to various factors. The matter was further discussed on the floor of the Legislative A!isembly. l264B· DI

4. 1 The two letters dated 23.4. 1880 and 7. 7. 1880, pertaining to j B the grant relating to the lransfer of land to the east of Belvedere Road, known as Begnmbari land in 1880, produced from old official records, are public documents within the meaning of the Evidence Act. No objec- tion either to the authenticity or to the admissibility of the documents was taken either before the Single Judge or before the Division Bench. The Managing Committee of the Zoological Garden never doubted the authenticity of the documents, nor was any question even raised to c suggest that the terms of the grant were other than those mentioned in the letters. [265C-EJ ~ 4.2 The new plea relating to authenticity or admissiblity of evidence cannot be accepted in an appeal under Art. 136 of the Con- D stitntion. The land which was undoubtedly government land was given to .the Zoological Garden upon the terms set out in the two letters. One of the terms was that the land should be restored to the government whenever required. Another terms was that tbe Zoological Garden ) Committee would be suifably compensated for any expenditure incur- red by it on the construction of any building on the land. [26SE] E S. 1 It is true that the Act of the legislature cannot be undone by a mere act of the Executive. This is not a case where the statute vests land in the Committee and the Executive takes it away by its fiat. The ~ Begnmbari land was gove.-nment land transferred to the charge of the I Zoological Garden Committee in 1880 in accordance with the condi- I F lions and terms agreed to by the Committee in their letter dated 23.4.1880; namely; "(i) that the land is to be used for the purpose of acclimatization only; (ii) that Carnivors are not to be kept on any part of it, on any account; (iii) that the grounds are to be kept clear and neat; (iv) that the land must be restored to the government if hereafter re- quired. The Zoological Garden Committee being reimbursed for any expenditure they may have incurred in building there." Therefore, this ) is a case of resumption of Government land under the terms of Agreement. [264E-H; 26SA-BJ

5.2 From the Preamble and the provisions of the Bengal Public Parks Act, 1904, it is clear that the Act is intended to protect the inmates and the property of the park from injury by persons resorting to the park from molestations or annoyance by others. The Act is aimed at protecting the part and its visitiors from injnry and annoyance by despoilers and merauders. The Act bas nothing whatever to do with the vesting of any property in the parks. There is in fact no provision which deal with the vesting of property in a park. Section 3 enables the State Government to extend by a notifiootion, the boundaries of a park but that can only be for the purposes of the Act and not for the purpose of vesting or creating any title in a property. If a piece of adjacent land, for example, is taken on lease for a specified number of years by the park and inclnded in the park by a notification nnder s .3 it does not mean that the varions things, the doing of which is regnlated or pF«>- bibited by the Act and the rule will not be done or will be regulated on the adjacent land also. The provisions of the Bengal Public Parks Act C have no relevance to the qnestion of the power of the government to transfer the Begumbari land to the Taj Group of Hotels. [266C-F]

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6.1 Statutes and statutory orders have no doubt to be obeyed. It does not mean that other orders, instructions, etc. may be departed from in an individual case, if applicable to the facts. They ar• not to be ignored until amended. The government or the Borad may have the power to amend these orders and instructions, but nonetheless they must be obeyed so long as they are in force and are applicable. But, from the perusal of the provisions of paragraphs 165 to 167 of the West Bengal Land Management Manual, it is clear that these provisions of the Land Management Manual do not appear to have anything to do with the transfer and use of the land in the manner proposed, in which the State also have a vital stake apart from the mere raising of revenue for the State. Paragraphs 165, 166 and 167 deal with simple cases of crea- tion of non-agricultural tenancies by way of long term leases. They generally deal with land which is at the disposal of the government as waste or surplus land and are intended to secure the best revenue for the State. They do not deal with cases of transfer of land for a specific soci&-economic object, where, the securing of immediate revenue is not the principal object but other social and economic benefits are sought. l267E-Hl

6.2 The following propositions may be taken as well established on a considerations of the earlier decisions of the Supreme Court. State G owned or public-owned property is not to be dealt with at the absolute discretion of be ~xecutive. Certain precepts and principles have to be observed. Public interest is the paramount consideration. One of the methods of securing the public interest, when it is considered necessary to dispose of a property, is to sell the property by public auction or by inviting tenders. Though that is the ordinary rule. it is not an invariable H rule. There may be situations where there are compelling reasons neces- A sitating departure from the rule, bnt then the reasons for the departure must be rational and should not be suggestive of discrimination. Appear- ance of public justice is as important as doing justice. Nothing should be done which gives an appearance of bias, jobbery or nepotism. [2730-F)

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B 6.3 Applying .the above tests, it cannot be held that the govern- ment of West Bengal did not act with probity in not inviting tenders or in not holding a public auction but negotiating straight away at arm's lenght with the Taj Group of Hotels, in its pursuit or socio-economic _ objective of encouraging tourism and earning more foreign exchange. In the present case no one has come forward alleging that he has been discriminated against and his fundamental right to carry on business c had been affected. The very natm·e of the construction and estllhlish- \ ment of a Five Star Hotel is indicative of a requirement of expertise and sound financial position on the part of those who might ofl'er to con- struct and establish them. The decision taken by the All-India Tourism Council was an open dedsion well-known to everyone in the hotel busi- D ness. Yet no one except the I.T.O.C. and the Taj Group of Hotels had come forward with any proposal. The Oberoi Group of Hotels already had a Five Star Hotel in Calcutta while the Welcome Group of Hotels were making their ow1n Private negotiations and arrangements for establishing a Five Star Hotel. In the circumstances, particularly in the absence of any leading hotliers coming forward, the government of E West Bengal was perfectly justified in entering into negotiation with the I. T.D.C. and the Taj Gronp of Hotels insted of inviting tenders. Nego- tations with those who lllad come forward with proposals to construct Five Star Hotels was without doubt the most reasonable and rational way of proceeding in the' matter rather than inviting tenders or holding public auction. There was nothing discriminatory to the procedure F adopted since no other leading hotlier had shown any inclination to come forward. Tenders and auction were most impractical in the circumstances. The choice of the Taj Group of Hotels must therefore be held to be beyond suspicion and above reproach. [273F; 2680-F]

Rash Bihari Panda v. State of Orissa, [ 1969] SCR 374; R.B. G Shetty v. International Airport Authority, [1979] 3 SCR 1014; Kasturi Lal Laxmi Reddy v. State of Jammu & Kashmir, [ 1980] 3 SCR 1338; State of Haryana v.JagaRam, [l983] 4SCC 56; Ram and Shyam Co. v. State of Haryana, [ 1985] 3 SCC 267 and Chenchu Rami Reddy v. Govt. of Andhra Pradesh, [ 1986) 3 SCC 391, discussed.

H 7. 1 On a consideration of all the facts and circumstances of the case, it is clear, that the government of West Bengal acted perfectly bonafide in granting the lease of Begumbari land to the Taj Group of Hotels for the construction of a Five Star Hotel in Calcutta. The govern- ment of West Bengal did not fail to take into account any relevant consideration. Its action was not against the interest of the Zoological Garden or not in the best interests of the animal inmates of the zoo or migrant birds visiting the zoo. The financial interests of the State were in no way sacrificed either by not inviting tenders or holding a public auction or by adopting the "nett sales" method. [274C-EJ

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7.2 The "nett sales" method appears to be fairly well known method adopted in similar situations. This what was recommended by WEBCON, the consulting agency of the West Bengal Government which submitted a detailed report on the subject. This was also the recommen- c dation of the Committee of Secretaries who went into the matter in death, even to lay persons who are no financial experts, it appears that the "nett sales" method does and the rent-based-on-market-value method does not take into account the appreciating value of land, the inflatio- nary tendency of the prices and the profit orientation. Even on a prima D a facie view, there appears to be nothing wrong. or objectionable in the "nett sales" method. It is profit oriented and appears to be in the best interests of the Goverument of West Bengal. [274A-C]

Per Kah/id J. (concurring) E I. Today public spirited litigants rush to courts to file cases in profusion under attractive name Public Interest Litigation. They must inspire confidence in courts and amongst the public. They must be above suspicions. Public Interest Litigation ha' now come to stay. Bue one is led to think that it poses a threat to courts and public alike. Such cases are now filed without any rhyme or reason. It is, therefore, necessary to F lay down clear guide-lines and to outline the correct parameters for entertainment of such petitions. If courts do not restrict the free flow of such cases in the name of Public Interest Litigations, the traditional litigation will suffer and the courts of law, instead of dispensing justice, will have to take upon themselves administrative and executive func- tions. This does not mean that traditional litigation should stay put. G They have to be tackled by other effective methods, like decentralising the judicial system and entrusting majority of traditional litigation to village courts and Lok Adalats without the usual populist stance and by a complete restructuring of the procedural law which is the villain in delaying disposal of cases. It is only when courts are apprised of gross violation of fundamental rights by a group or a class action or when H

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A basic human rights are invaded or when there are complaints of such acts as shock the judicial conscience that the courts, especially Ibis Court, should leave aside procedural shackles and hear such petitions and extend its jurisdiction under all available provisions for remedying the hardships and miseries of the needy, the under-dog and the neglec- ted. Extending help when help is required does not mean that the doors B of the Supreme Court are always open to anyone to walk in. It is necessary to have some self imposed restrained on public interest litigants, so that this salutorytype oflitigatiolll does notlose its credibility. [275C; 279A-F]

2. The approach of the Taj Group Hotels in this case has been creditably fair. They have given all the assurances necessary to preserve the Zoo and its inmates. They were willing to afford all the requisite c safeguards. In the place of a dilapidated hospital, operation theati-e and the like, they constructed buildings, a new at a cost of Rs. 30 laklts which amount they were entitled to be reimbursed under cl. 25 of the lease, which they voluntarily gave up. In addition to this, they sur- rendered an area of 288 sq. metrs. from the land allotted to them to the D Zoo. They agreed to build not the usual sky scrapper hotel, but a garden hotel, the height of which would not go beyond 75 feet, despite the fact that there existed in the surroundings area buildings which were very high. This was done to keep free the route of the flight of the birds. They agreed to have subdued light in the hotel, again in the ineterest of the birds. They also agreed to keep the sorroundings of the hotel and the flora well maintained and already 30,000 plants were getting ready to adjorn the area to be occupied by them. l277H; 278A-C]

3. 1 Regarding the commercial and financial aspects of the lease also, there is nothing secretive. The method adopted is the nett sales method of calculating the compensation paid, which i.; a well known method adopted in snch situations like the one, here namely lease of land by the Government. [278C-E]

3.2 A deal like the one is given cannot be concluded by public auction as it is not a case of sale of a government property. Being not a sale but a lease of land by the government public auction has necessarily to be ruled out. Only Taj Group of Hotels came forward with an offer to ) start the hotel. The lease was lhe culmination after a long, elaborate / and open procedure with nothing to hide which therefore cannot justifi- ably be subject to adverse criticism. [278G-H]

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 378 H of 1987.

SACHIDANANDA PANDEYv. STATE OFW. BENGAL [REDDY,J.] 237

Ir From the Judgment and Order dated 4.8.1986 of the Calcutta A II' High Court in F.M.A.T. No. 1500of1984.

L.M. Singhvi S.K. Jain, I. Makwana, A.M. Singhvi, Sudhanshu Atreya and S.D. Sharma for the Appellants.

N.N. Gooptu, Dipanker Gupta P. Monda!, D.K. Sinha, J.R. B Das, T. Ray. R. Pal, B.R. Agarwala and Ms. S. Manchanda for the Respondent.