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PRESS TRUST OF INDIA
NEW DELHI, MAY 10: The Supreme Court today issued notices to West Bengal Chief Minister Jyoti Basu, the state government and five others on two petitions alleging that the Chief Minister violated all norms in allotting plots to VIPs from his discretionary quota at Salt Lake area in Calcutta.
A division bench comprising Justice SP Bharucha and Justice M Srinivasan also issued notices to state urban development minister Ashok Bhattacharya, former urban development ministers Budhadev Bhattacharya, Ashim Dasgupta, Prasanta Sur and chairman of Salt Lake municipality.
The bench was hearing two petitions, a public interest litigation filed by a retired civil servant Dipak Kumar Ghosh and a special leave petition by Trinamool Congress councillor Tarak Singh, which has sought imposition of exemplary penalty on Basu and others for misusing their discretionary quota.
Appearing in the PIL, senior advocate Shanti Bhushan submitted that the Calcutta high court had observed while dealing with the case that the ChiefMinister did not follow any norm or guidelines while allotting plots from his discretionary quota.
Among the beneficiaries of discretionary allotment were close relatives, friends and personal staff of Basu, ministers, parliamentarians, legislators, judges, bureaucrats and husband of Surabhi Banerjee, the writer of the only ``authorised biography'' of Basu.
The Calcutta HC had on February five dismissed Singh's petition, which had sought imposition of exemplary damages on Basu for violating norms on such allotments, on the ground that it had not impleaded the allottees as parties.
The HC had, however, held that ``such allotments are without any reason.'' The PIL had sought a declaration that ``the allotment of lands by Basu, being a public servant, was oppressive, arbitrary, unconstitutional and unexceptional and as such exemplary damages be imposed on him.''
In 1987, the HC had restrained the government from making any allotment in the Salt Lake area without the leave of the court. However, it waslater clarified by the court that it would not stop the CM from making land allotments from his discretionary quota.
The petitioners sought appointment of a committee under direct supervision of the apex court to scrutinise all cases of discretionary allotments after due notice to the allottees and on the basis of the report of the committee court should take decision on the validity of the allotments.
They further requested the court to direct an independent agency to investigate into the charges under Prevention of Corruption Act and Indian Penal Code against the CM and others for allotting plots for extraneous considerations.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.
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