LexSACHIDANANDA PANDEY versus STATE OF WEST BENGAL & ORS.
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SACHIDANANDA PANDEY v. STATE OF WEST BENGAL & ORS. FEBRUARY 11, 1987 A [O. CHINNAPPA REDDY AND V. KHALID, JJ.] 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 223 A 224 SUPREME COURT REPORTS [1987] 2 S.C.R. Public Interest Litigation, parameters. delineation need for stres- 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
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