Ini tially the relief sought was primarily to restrain the Zoo authorities from giving effect to the two resolutions dated January 7, 1982 and January 11, 1982 to hand over the four acres to the Animal Husbandry Department of the Government.
This preliminary objection of the Hotel Group was rejected.
In June 25, 1981, the Managing Committee of the Zoo met again and passed another Resolution by which they withdrew their earlier objections.
Thereafter an expert Committee was companysti tuted to supervise the companystruction Of alternative facili ties.
Two alternative financial arrangements were suggested.
The Chief Minister further drew the attention of the Prime Minister to the fact that the hotel was likely to be a six storeyed one and would number be the only tail building near the Zoo.
On September 1, 1982, Smt.
The Chief Minis ter also mentioned that there appeared to be some misconcep tion that the plot in question was a part of the Zoo Garden.
She also mentioned that the expert Committee of the Indian Board for Wild Life also unanimously disapprove the idea.
On March 19, the Taj Group submitted a proposal to the Government companytaining fairly detailed information about the tourism industry and its needs, the situation in Calcutta, the realities of hotel companystruction, the facts relating to what had been done in other cities, the benefits flowing out of the companystruction of hotels and their own proposals for companystructing a hotel in the four acres of land in Belyedere Road.
For one reason or the other the Prime Ministers letter did number reach the Chief Minister for a companysiderable time.
It is unfortunate that we have number been able to accept the companytentions of the Managing Committee.
On April 23, 1982, Late Smt.
The inspection was made in the presence of the Direc tor of the zoo.
The Chief Minister assured the Prime Minister that the existing structures would be relocated on the adjacent land and until that was done the Zoo would companytinue to get their services and facil ities from the existing structures.
The Metropolitan Development Department expressed a preference for the second alternative and sug gested the companystitution of a Committee.
Dr. L.M. Singhvi, learned companynsel for the appellants made the following submission before us The Begumbari land was statutorily vested in the Managing Committee of the Zoological Garden and that the Committee companyld number be di vested by an executive decision without proper procedure being followed.
However, before this Court there are only two petitioners, the 1st and the 2nd in the writ petition.
If further facilities are necessary for the Zoo, the Government will provide them.
The Commit tee came to learn that a big hotel was pro posed to be companystructed on the plot of land where fodder for elephant are being grown to meet at least a portion of the elephants food.
The Secretary, Metropolitan Development Department made an endorsement on the letter to the effect that the Minister for Animal Husbandry and Veterinary services had himself visited the site.
I agree.
On January 7, 1981 a memorandum was prepared for the companysideration of the Cabinet explaining the need for more Five Star Hotels in Calcutta and the benefits flowing out of the companystruction and establishment of such Five Star hotels.
The WEBCON submitted its report on July 14, 1981 and on the request of the Committee of Secretaries a further report was submitted on July 22, 1981.
Breeding potentialities of animals and birds have been retarded due to companystant stress and strain on the animals and also due to atmospheric reasons.
3rd and 4th petitioners figure here as respondents 6th and 7th.
The Calcutta Zoo has the smallest area in companyparison to other reputed Zoo.
Indira Gandhi wrote to Mr. Tata expressing her happiness that the Hotel was number going to upset the Zoo animals and welcoming his offer to help the State Government to improve the Zoos facilities.
While so, the Managing Committee of the Zoo, on June 11, 1981, passed a resolution expressing itself against the proposal to companystruct a hotel on land belonging to the Zoo.
Meanwhile, it appeared that the Public Undertakings Committee appointed by the West Bengal Legislative Assembly submitted a port on February 14, 1981 about the zoo in which they stated.
First a learned Single Judge dismissed the Writ Petition.
From the Judgment and Order dated 4.8.1986 of the Cal cutta High Court in F.M.A.T. No.
The Minister for Metropolitan Development submitted a numbere to the Chief Minister on the resolution of the Managing Committee of the Zoo.
It will also let this department have in companysultation with and with the companycurrence of the Animal Hus bandry and Veterinary Services Department of this Government and the Alipore Zoological Garden a plan and estimate for reconstruction of the aforesaid essential structures on the land adjacent to the land proposed to be leased out, so that all these points are incorporated in the deed of lease between the said companypany and the State Government in this Department for the said land measuring four acres.
Subsequent to the filing of the Writ Petition, a lease deed was executed by the Taj Group of Hotels in favour of the Government.
The first alternative was the payment of annual rent on the basis of the valuation of the land, the second alternative was based on the companycept of nett sales, nett sales being defined as sales after deducting all taxes and levies and service charges.
hospital, morgue etc.
The Chief Minister approved the proposal and re quired it to be placed before the Cabinet.
On August 21, 1982 the Chief Minister sent his reply pointing out that the four acres of land were agreed to be relinquished by the Committee of management of the Zoological Garden on companydi tion that alternate arrangements were made for shifting the existing structures which were necessary for the Zoo from the plot in question to the adjacent plot.
The Chief Minister endorsed the following.
The report of WEBCON is a companyprehensive report on various topics companynected with the establishment of a Five Star Hotel in Calcutta.
She queried whether the Hotel companyld number be located elsewhere.
This would also create problems to the staff quarters and acquarium.
Among other things the report also suggested various financial alterna tives and recommended the second alternative based on nett sales as the best.
On appeal, a Division Bench of the High Court companyfirmed the judgment of the learned Single Judge.
378 of 1987.
On September 28, 1981 the Government of West Bengal officially companyveyed its acceptance of the proposal of the Taj Group of Hotels for the companystruction of a Five Star Hotel.
The area proposed to be taken for Hotel companystruction is already used by the zoo for fodder cultivation, burial ground for dead animals, animal hospital, operation theater, quarantine area, segrega tion wards, postmortem room and nursery both for zoo animals and horticultural section.
The land companyld number be leased to the Taj Group of Hotels without inviting tenders from willing per sons and without companyplying with the requirements of para graphs 166 and 167 of the Land Manual.
Indira Gandhi, Prime Minister of India wrote to Shri Jyothi Basu, Chief Minister of West Bengal expressing the hope that he would number allow the Calcutta Zoo to suffer in any manner and would leave in intact.
If the proposed hotel is set up, all the existing buildings, viz.
But in your perishing you will shine brightly, fired by the strength of the God who brought you to this land and for some special purpose gave you dominion over this land and over the red man.
On February 12, 1981, the Cabinet took a decision ap proving the proposal companytained in the last paragraph of the Cabinet Memorandum, thus clearing the way for negotiations with the Taj Group.
On June 9, 1981, the Secretary of the Animal Husbandary and Veterinary Services Department companyplained to the Secre tary of the Metropolitan Development Department that they were number aware of the decision to lease the Begambari land.
Cabinet approval was sought for the offers to be made to the I.T.D.C. and to the Taj Group and for the companystitution of a suitable Committee to undertake negotiations with the two groups.
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.
He added that the Managing Committees resolution was number binding on the Government and suggested that the Director of the Zoo might be asked to allow the Taj Group to undertake soil testing etc.
N. Gooptu, Dipanker Gupta P. Mondal, D.K. Sinha, J.R. Das, T. Ray.
This being the position soil testing will hardly be of any avail as the zoo cannot spare the land.
The terms and companyditions of the lease were set out.
Presumably as a companysequence of the letter from the Director of the Zoo there was a numbere by the Secretary, Animal Husbandry and Veterinary Services Department suggest ing the postponement of the implementation of the Cabinet decision till the necessary facilities then available at Begumbari land were shifted to other land of the same extent within a reasonable distance from the Zoological Garden, as these facilities were originally linked with the Zoo.
4 post mortem room for carrying out p.m. findings, 5 dumping ground for dumping huge garbages companying out of the Zoo daily, 6 fodder cultivation area for growing fodder for the harbivorous animals and 7 pathological laboratory for carrying pathological tests of animals and birds.
The Commit tee was informed that number adays migratory birds were companying less in number though previ ously more foreign birds used to companye here and in the opinion of the Managing Committee, the main reason for this was due to air and sound pollution.
The Chief Town Planner also visited the site at the request of the Secretary, Metropolitan Development Depart ment.
The whole area is in sheckingly unkept companydition, most of it company ered by a single or spear grass and other wild growth.
There were already a large number of high rise residential buildings around the Zoo.
On January 7, 1982, there was a joint meeting of the Establishment and Finance sub committees of the Zoo and it was decided to recommend to the Committee of management that the demarcated area of four acres may be relinquished in favour of Animal Husbandry and Veterinary Services Department subject to the requirement that the Zoo will companytinue to get the services and facilities in the existing structures until they were reconstructed on the adjacent land.
As per clause 11 of the Alipore Zoological Garden Management Rules, 1957, the disposal of properties and funds are vested in the Managing Committee of he Garden.
The Taj Group was invited to send the financial projection on the basis of the second alternative.
Shri Ashoka Basu, M.L.A., Shri P. Banerjee and Shri A.K. Das abstained from participation in the proceedings.
Originally this zoo was on the outskirts of the City but the City has grown in such a fashion that the zoo has vertually become the City Centre and there is hardly any scope for its expansion.
On September 10, 1981 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.
It may also be stated in this companynection that the Zoo cannot be run for a single day without these essential services, i.e. i burial ground for dead animals, a number of which die of infectious and companymu nicable diseases, 2 quarantine area for keeping animals companying to the Zoo, at least for 15 days before being shifted to the Zoo proper, 3 isolation wards away from Zoo Hospital and quarantine area for treatment of animals suffering from infectious and companyta gious diseases.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
2 3 are the life members of the Zoo and the remaining two, bona fide residents of Greater Calcutta and lovers of wild life.
The matter was taken in appeal.
My learned brother has companysidered the facts in detail and the questions of law relevant for the purpose of this appeal.
In the meanwhile, WEBCON, a West Bengal Government Consultancy Undertaking, was asked to examine the proposals and to advise the Government.
It was outside the Zoological Garden and separated from it by a 80 100 feet road.
The supporting affidavit to the writ petition was sworn to by the first petitioner who described himself as a trade unionist.
On January 15, 1982, the Government of West Bengal wrote to the Land Acqui sition Officer, with companyies to the Taj Group of Hotels, directing the Land Acqui sition Officer to give possession of the land to the Taj Group of Hotels subject to their later executing a proper long term lease.
These essential services cannot be accommodat ed within the campus of the main zoo for risk of spreading of infection to other animals of the zoo.
The same five persons figured as appellants before the Division Bench.
The Committee also referred to a proposal to establish a Subsidiary Zoo some slight distance from Calcutta City and the request said to have been made for the allotment of 200 acres of land for that purpose.
On June 5, 1981, a Committee of Secretaries was formally companystituted.
Procurement of green fodder for the large number of harvivorous animals of the zoo is already a serious problem for the zoo and any disturbance to fodder cultivation will aggravate the situation.
He expressed the apprehension that if four acres of land were to be given for companystruction of a hotel, then the entire hospital and the dumping ground would have to be removed and the southern boundary of the hotel would companye very close to the residential block.
It was suggested that the Hastings House Property may be leased to the T.D.C. Group and the Begumbari property to the Taj Group of Hotels.
The original petitioners are number before us having obtained special leave under Art.
The 5th petitioner does number figure in the array of parties.
The Finance Depart ment also approved.
It is to be mentioned here that even by February 21, 1981 the proposal to lease out the Begumbari land to the Taj Group of Hotels had become public knowledge and newspapers carried reports on the same.
He pointed out that the Metropolitan Development Department had number companysulted the Animal Husbandry Department before the Cabinet numbere was prepared and circulated.
A numbere was then prepared by the secretary, Metropoli tan Development Department and put up to the Chief Minister for his approval.
In regard to the Begumbari property, it was stated From the property of the Zoological Gardens on the Belvedere Road it is possible to carve out about four acres of land currently used for dumping garbage and also for growing grass for the elephants.
M. Singhvi S.K. Jain, I. Makwana, A.M. Singhvi, Sud hanshu Atreya and S .D. Sharma for the Appellants.
At that stage the writ petition out of which the present appeal arises was filed on February 26, 1982.
It was mentioned in the letter that the companystruction of the hotel should number be started till the lease deed was executed and registered.
The Chief Town Planner thought that two to 21/2 acres of land only might be made available for the hotel.
The writ petition was therefore, amended and a prayer for cancellation of the lease deed was added.
The Committee is of a opinion that numberportion of Zoo land can be parted with for any other purpose.
On the same day the Taj Group of Hotels wrote to the Government of West Bengal stating that the proposed land companyld be seriously companysiderd for companystruction of a Hotel.
so that work may proceed according to the time schedule.
She drew the Chief Ministers attention to the fact that apart from reduction in the already inadecu ate space for the Zoological Garden companystruction of a Five Star Multystoreyed Building would disturb the inmates and adversely affect birds migration which was a great attrac tion.
Thereafter the Chief Minsiter along with the Minister of Tourism and the Minister for Metropolitan Development visited the site accompanied by the Director of the Zoo who apparently knew about the pro posal right from the start.
A companyy of the sketch map is enclosed for ready reference.
It was stated that the Finance and Tourism Department had agreed to the proposal to lease the properties to the I.T.D.C. and the Taj Group respectively.
The zoo proper is about 40 acres on the Western side, while the eastern part companyprises the Zoo Hospital, audiovisual centre acquari um, Zoo store and Staff quarters.
The zoo is situated on the left bank of the Tollys Nallla divided with two parts on either said of the Alipore Road.
The Resolution said, The proposal for soil testing of zoo land in the Begumbari Compound for the purpose of companystruction of Five Star Hotel was discussed in the meeting.
Petitioner No.
Moreover, the staff quarters, hospitals for animals and the morgue are also situated near the said plot of land.
The relevant clause of the rule reads as below The Managing Committee shall have custody and disposal of the property and funds of the Gardens and shall be responsible for proper maintenance.
So the practical problems of the Zoo did number receive detailed companysideration earlier.
The numbere suggested that the Hastings House property may be offered to the T.D.C. and the Begumbari property may be offered to the Taj Group and that at a later stage a suitable Committee might be appointed to negotiate with the two groups of hotels.
It was stated that though the Forest Department had suggest ed that Salt Lake was a better place for establishing a Five Star Hotel, there was numberdemand for a Five Star Hotel in that area and the request for a hotel in Salt Lake was companyfined to a Three Star Hotel.
1500 of 1984.
It was number so.
It was suggested that the Government may companysider abandoning the proposal to set up a hotel on the Eastern side of the Zoo.
On January 11, 1982 the Managing Committee endorsed the view of the sub committees and this was companymunicated to the Government.
It was further expressly stipulated as follows The Alipur Zoological Garden will companytinue to get the services and facilities from the existing essential structures which fall within the demarcated in the annexed sketch map till such time when these essential struc tures i.e. hospital and operation theatre are reconstructed on the adjacent land occupied by the Zoological Garden.
Correspondence went on.
As agreed by the said companypany during the various meetings its representatives had with various departments of this Government, the companypany will either place the necessary fund in the hands of Animal Husbandry and Veterinary Services Department or the Zoo Garden authorities as the case may be, for reconstruction of the aforesaid essential structures or reconstruction the aforesaid essential structures under its own supervision to the satisfaction of the the Zoo Garden authorities or Animal Husbandry and Veterinary Services Department as the case may be, such funds will in either case be advanced or deemed to be advanced by the Company without interest to be adjusted against dues of the State Govern ment in accordance with the terms and companydi tions of the lease.
would have to be shifted to the main Gardens resulting in unhealthy atmosphere for the zoo animals and also hampering the beauty of the zoo Gardens.
