Allotment of land to the trust formed by Sourav Ganguly family qaushed by Supreme Court

Justice A.K. Ganguly of Supreme Court in the recent case of Humanity & Anr Vs. State of West Bengal & Others reported at (2011) 6 SCC 125, quashed the allotment of land to the trust formed by Sourav Ganguly & Family for running ICSE affiliated School. The allotment was mainly quashed on the ground that much bigger land was allotted to the allottee without publishing fresh advertisement merely on the application of allottee for granting such bigger plot against the original land allotted earlier pursuant to advertisement for the allotment for the said land originally of small size. Supreme Court held that once Government has initiated process of advertisement, it cannot jettison it and allow a new plot to allottee without any advertisement and such action of allotting larger plot is arbitrary and violates Article 14 of the Constitution of India.

Further Supreme Court also held that the High Court cannot refuse to examine the challenge on the basis of what may happen in future. By doing so, the High Court refused to exercise jurisdiction which is vested in it.

Interestingly just before concluding part of the judgement Justice Ganguly said that, I make it clear that I am aware that the allottee is a cricketer of great repute and has led this country to victory in many tournaments, both in India and abroad. I have watched him on the television on many occasions and was delighted to see his glorious cover drives and effortlessly lofted shots over the fence. 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.

Entire Judgement can be read here.