SACHIDANAND PANDEY V. STATE OF WEST BENGAL, AIR 1987 SC 110
FACTS
This is an appeal before the Supreme Court against the decision of High Court in the case of a zoological garden located in Alipore, by two citizens of Calcutta, one of them the Secretary of the union of workmen of the zoological garden and the other a life member of the zoo, both of whom claim to be lovers of wildlife and well-wishers of the zoo.
The main zoo is in the forty-nine acre block of land. There are some old buildings and vacant land in the eight acre plot of land. This eight acre plot of land is known as the Begumbari land. It is out of these eight acres that the land of the extent of four acres has been carved out and given to the Taj Group of Hotels for the construction of a Five Star Hotel.
CASE HISTORY
The Committee formulated by the Public Undertakings Committee appointed by the West Bengal Legislative Assembly came to learn that a big hotel was proposed to be constructed on the plot of land where fodder for elephants are being grown to meet at least a portion of the elephants’ food. Moreover, the staff quarters, hospitals for animals and the morgue are also situated near the said plot of land. If the proposed hotel is set up, all the existing buildings, viz. hospital, morgue etc. would have to be shifted to the main gardens resulting in an unhealthy atmosphere for the zoo animals and also hampering the beauty of the Zoo Gardens. This would also create problems to the staff quarters and aquarium. It was suggested that the Government may consider abandoning the proposal to set up a hotel on the eastern side of the zoo.
The Managing Committee of the Zoo also passed a resolution expressing itself against the proposal to construct a hotel on land belonging to the zoo. The Committee resolved that construction of a multi-storied building in the near vicinity of the zoo will be highly detrimental to the animals of the zoo, its ecological balance and adversely affect the bird migration which is one of the greatest attractions of the zoo. The Committee said that the area proposed to be taken for hotel construction is already used by the zoo for fodder cultivation, burial ground for dead animals, animal hospital, operation theatre, quarantine area, segregation wards, post-mortem room and nursery both for zoo animals and horticultural section. The Committee is of the opinion that no portion of zoo land can be parted with for any other purpose.
Further, the Minister for Metropolitan Development submitted a note to the Chief Minister on the resolution of the Managing Committee of the zoo. He pointed out that even if four acres out of the eight acres of Begumbari land was given to the Taj Group, there would still remain sufficient land for accommodation of the facilities. After this, the Managing Committee of the Zoo passed another resolution withdrawing their previous objections.
Finally, 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.
JUDGEMENT
Lacking in Five- Star Amenity: The Court said: The city of Calcutta was noticeably lacking in the “Five Star Hotel amenity” to attract tourists, local and foreign, and the Government of West Bengal was anxious to do its best to promote the tourist industry which it was hoped, would provide direct and indirect employment, earn foreign exchange and confer other economic benefits to the people of the State. It is immaterial whether the move came first from the Government or from the Taj Group. The Government was anxious that more Five Star Hotels should be established at Calcutta and the Taj Group was willing to establish one. They wanted a suitable plot for its construction.
The Managing Committee of the zoo also initially expressed its opposition to the proposal to construe a hotel on land belonging to the zoo. The Committee’s objections were twofold: (1) A multi-storied building in the vicinity of the zoo will disturb the animals and the ecological balance and will affect the bird migration (2) the land was already used for various purposes, that is, fodder cultivation, burial ground for animals, hospital, operation theatre, quarantine area, post-mortem room and nursery. the Minister for Metropolitan Development pointed out that even if four acres of land out of the eight acres of Begumbari land was given to the Taj Group, there would still remain sufficient land for accommodating the existing facilities.
Thereafter the Managing Committee reversed its earlier stand and agreed to the proposal on the assurance that adjacent land and matching grants would be given to the zoo.
Main Purpose of Zoo: The land allotted to the hotel was, as we have seen, not used for the main purpose of the zoo and was not in fact part of the main Zoological Garden. The Government had already in mind a proposal to start a subsidiary zoo on an extent of about 200 acres of land in the outskirts of Calcutta. We have no doubt that the Government was quite alive to the need for expansion of the zoo when they decided to grant four acres of the Begumbari land which was not used for the main purpose of the zoo for the construction of a Five Star Hotel.
Ecological Considerations by the Government: The Court said: “..... 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 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 would be caused to the flight path of the birds or animals.”
“We are satisfied that the question of obstruction which may be caused to migratory birds did not go unnoticed by the government before the decision to lease the land was taken and we are also satisfied that the building of the proposed hotel is not likely to cause any obstruction to the flight path of the migratory birds.”
“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 around the proposed hotel and the removal of the burial ground and dumping ground for rubbish.”
Conclusive Remarks by the Apex Court: The Court said: “On a consideration of all the facts and circumstances of the case, we are satisfied that the Government of West Bengal acted perfectly bona fide in granting the lease of Begumbari land to the Taj Group of Hotels for the construction of a Five Star hotel in Calcutta. The Government of West Bengal did not fail to take into account any relevant consideration. Its action was not against the interests 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 “net sales'' method. In the result, the judgments of the learned Single Judge and the Division Bench of the Calcutta High Court are affirmed and the appeal is dismissed.”