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"NO ONE CAN CLAIM TO BE EXCLUSIVE WHEN IT COMES TO LAW", OBSERVED CALCUTTA HIGH COURT

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A PIL was filed against the former cricketer and current BCCI president Sourav Ganguly, alleging that he had procured an allotment of a plot by the West Bengal Housing Infrastructure Development Corporation (HIDCO) in total violation of rules and regulations. 

The court observed that on 9th July 2012, a request was submitted to the then Chief Minister of the State, requesting for an allotment of a plot of 2.5 acres for building a school. However, nowhere in the communication is seen that the mentioned application was for any charitable institution, and rather it seems to be a plain and simple commercial venture.

A division bench of Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee imposed the penalty of Rs. 50,000 each on the West Bengal government and the West Bengal Housing Infrastructure Development Corporation (HIDCO). The court also imposed Rs. 10,000 penalty on Sourav Ganguly and the Ganguly Education and Welfare Society stating it was their duty to act according to the law.

Looking at the wrong conduct of HIDCO for the allotment process, the court opined that Ganguly was able to 'play with the system', and it was not the first time that he was able to do so.

The Court further remarked that the State had decided to allot a plot with shut eyes as if it was not a government but rather private property for which it was permitted to deal as per its wish without following the due course of law. 

The court also remarked that even though Ganguly has brought laurels to the country in cricket, no special treatment can still be extended to him in terms of the law.


Author: Papiha Ghoshal