28 May 2011

SC cancels Left govt’s land deal with Sourav



Dhananjay Mahapatra | TNN 


New Delhi: The Supreme Court on Thursday scrapped the Left Front government’s decision to allot Sourav Ganguly a large tract of land in Salt Lake on which he had planned his dream project — an international school with special focus on sports. 
    A bench of justices G S Singhvi and A K Ganguly allowed a petition filed by an NGO alleging the tract of land worth 44.9 crore was allotted to the cricketer for just 63 lakh, and that too in extraordinary haste and breach of rules and regulations. 
    The judges, who admitted they drew a lot of joy from Sourav’s batting and captaincy skills, clarified these personal impressions counted for little when the case in hand projected a wrong act. 

    Setting aside a Calcutta high court order approving the allotment, the bench said: “It is clear that the government made allotment of the new plot to Sourav Ganguly on terms which were even more generous than the ones suggested by Sourav in his letter dated January 19, 2009. Such action of the government smacks of arbitrariness and falls foul of Article 14 (right to equality).” 
    In a rap to the Buddhadeb Bhattacharjee regime, the bench added: “The government was anxious to oblige the allottee by giving bigger plot that too with no loss of time.” 

    Justice Ganguly, who wrote the judgment for the bench, faulted the allotment as irregular and hasty. The apex court asked the cricketer to return the land within two weeks. 
    “Sourav must, within two weeks from date, hand over peaceful and vacant possession of plot no. CA-222 measuring 63.04 cottahs (a little over an acre) in Sector-IV, Salt Lake City (Bidhannagar), Kolkata, to the concerned department of the state government. Within two weeks thereafter, the state government must refund to Sourav, by a cheque, the entire money paid by him for such allotment,” Justice Ganguly said. 
Norms flouted in giving land to Sourav: SC 
New Delhi: Justice A K Ganguly of the Supreme Court said he was aware of Sourav Ganguly’s contribution to Indian cricket and had watched him on TV. “But as a judge, I have different duties to discharge. Here, I must be objective and eschew my likes and dislikes and render justice to a cause which has come before the court,” he said. 
    The petitioner had pointed out that in response to an advertisement for setting up of a school in Salt Lake City, the Buddhadeb Bhattacharjee government had received 24 applications. But it only entertained Ganguly's application. The NGO said Ganguly had initially taken possession of the allotted 48 cottahs of land. But later, he wrote to urban development minister Ashok Bhattacharya pleading for additional land citing the ICSE guidelines, which stipulated that no affiliation would be accorded to a school set up on less than 60 kathas. 
    The Left Front government, throwing rules and regulations to the wind, rushed through the entire exercise and allotted him aplot of 63.04 kathas.
    The NGO had also alleged that to overcome the ICSE condition that the school management could not be vested in a single individual, Ganguly floated a trust, much after the allotment of land, for the proposed international school. The trust comprised his mother, father, sister, brother, wife and other relatives. 
    The bench said, “It is clear that Sourav is selectively seeking compliance of ICSE norms in asking for a bigger plot. In so far as other norms are concerned, they are clearly flouted as seen in the constitution of the trust set up to run the school.” 
    The petitioner had also challenged the allotment on the ground that there were two other English medium schools operating in plots adjoining to the one given to him. It said the HC had upheld the allotment of land to Ganguly despite the NGO mentioning the violations of allotment and affiliation rules in its petition. 
    Humanity had organized agitations against “the handing over of a plot that has been designated for a college in Salt Lakes master plan to an indi
vidual.” The former skipper started constructing his integrated school project (primary to the higher secondary levels) on this plot in June last year. 
    The Calcutta high court had, in April last year, upheld the land allotment observing in its order that there was no arbitrariness in the state government’s action of allotting the land to Sourav. 
    This order was challenged by Humanity and others following which the apex court had issued notice to the state government on September 16, last year. The apex court also took an undertaking from the cricketer’s counsel on the same day, that no construction activities will be done by him on the disputed land and status quo would be maintained till further order. 
    Humnaity’s Arunangshu Chakraborty told TOI on Thursday, “The apex court admitted our plea that the land allotted to Sourav earlier was a different land. It was at B F 158 and measured 48 cottahs. There was a clause in the agreement that the government could change the location of the plot. The government used this clause and gave Sourav the 63 cottahs at CA 220.” 
    Chakraborty added, “Sourav’s counsel pleaded this plot was lieu of the earlier one. But the court pointed out that in his letter addressed to the former urban development minister Bhattacharya, Sourav had said that he would surrender this plot and apply for a bigger of a plot. The government would have made the fresh allotment after registration of the surrendered deal. But nothing of the sort was done. What’s more, Sourav had mentioned that the Council for Indian School Certificate Examination would not give affiliation to his academy unless he had a 60-cottah plot. Our counsel argued that the plot in question was not allotted in the name of the Ganguly Educational Society, but in Sourav’s.” 
    The original petition read, “The people of Salt Lake in whose interest Salt Lake City was established ... the rule of law which was deliberately throttled by the state authorities by way of distributing plots of land to many having proximity to political leaders without following any policy guidelines.” 
    (With inputs from Ajanta Chakraborty in Kolkata)


06 May 2011

Salt Lake tax to be levied after May 13

Suman Chakraborti TNN 


Kolkata: Residents of Salt Lake had better brace to pay property tax right after the assembly election results are declared on May 13. The Trinamool-run Bidhannagar Municipality is waiting for declaration of the election results before it starts sending tax bills to residents of the township. 
Neither municipality chairperson Anita Mondal nor vice-chairman and Trinamool candidate from Rajarhat-New Town assembly constituency, Sabyasachi Dutta, would speak on the issue now, preferring to reserve their comments till May 13. 

The civic authorities had, earlier, said they had come up with a new property tax structure in accordance with the Bengal Municipal Act, 1977. It had also been decided earlier to collect property tax with effect from April 1, 2010. The Trinamool-led civic board is expecting the party to form the next state government, which would make it easier for them to get the tax structure approved. 

Trinamool sources said the civic authorities will start sending tax bills once party chief Mamata Banerjee approves the tax structure after the election results are declared. Civic authorities plan to discuss the issue with Bidhannagar Welfare Association and other stake holders before the new structure is finally announced. 
Under this tax structure, owners 
of residential houses will receive quarterly tax bills ranging from Rs 70 to Rs 120. If the civic body collects taxes based on the new structure, it will earn about Rs 1 crore each quarter. 

Civic officials, however, said they would lose about Rs 6 crore a year if they collected taxes following this structure, which prevailed in 1977. But, at least, residents would be happy to pay a lower tax, they said. The civic authorities reduced their spending earlier by not using cars and mobile phones they are entitled to. “We have been trying to earn revenue from sources like amusement tax and parking fees,” said an official. 

The property tax dispute in Salt Lake has been raging since May 2007 when the earlier tax structure framed by the previous Left Front-led civic board was scrapped by the Supreme Court following complaints from the Bidhannagar Welfare Association. Since then, tax collection has been stopped in Salt Lake.