Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Shantiniketan Visva Bharti Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Visva Bharati Act, 1951-Sections 5, 6 and 7 and II Schedule-Construction of residential and Commercial Complexes within Shantiniketan-Public Interest Litigation challenging the construction-Only a portion of the Scheduled area acquired by University-Direction of Pollution Control Board for preservation of ambience of University for cultural, historical, archaeological, environmental and ecological purposes-High Court dismissed the PIL on the grounds that University was not the owner of entire 3000 acres of land and that allowing Shantiniketan in its original form would be impractical-On appeal, held : In view of the statutory scheme, the tradition and special features of the University should be preserved-Directions issued by Pollution Control Board are binding on the State as well as the Sriniketan Shantiniketan Development Authority-Though town development is job of town planning Authority, but such town planning should be done not only having regard to provisions of one statute, but also the provisions of other statutes especially those for protection and preservation of ecology and environment-Though the construction not stopped but the Authority cautioned to keep in mind in future the statutory provisions and the observations of Court in this judgement-West Bengal Town and Country (Planning and Development) Act, 1979-Constitution of India, 1950-Articles 21 and 51A(g) and Part IV. Visva Bharati Act, 1951 was enacted with a view to preserve and protect the uniqueness, tradition and special features of Visva Bharati University. The powers of the University conferred under the Act was restricted to area specified in Second Schedule appended to the Act which was Shantiniketan admeasuring 3000 hectares. Out of the 3000 hectares, 1761 acres were acquired for the University. Pollution Control Board had issued certain directions for preservation and conservation for cultural, historical, archaeological, environmental and ecological purposes. Appellants-residents of Shantiniketan filed Public Interest Litigation aggrieved by indiscriminate constructions and in particular proposed constructions which were likely to come up in the area known as 'khoai' which were responsible for defacement of ambience and environment of Visva Bharati. High Court dismissed the public interest litigation holding that University being not the owner of the entire 3000 acres of land no relief could be granted; that though the construction would change the topography of Shantiniketan in the canal front, there was no public interest calling for restraint of such a change; that the building activity in accordance with the spirit and ideas of Rabindranath Tagore was not practical. In appeal to this Court, appellant contended that the issue in the Writ Petition must be considered having regard to the purposes for which the Act was enacted, its preamble and statement of its Object and Reasons. Respondent-Builder contended that the State having exclusive legislative competence regarding town planning, the Parliamentary Act cannot interdict in the areas covered by the State; that by reason of such constructional activities neither the academic programme nor the academic territory of the University were affected; that Writ Petition was rightly dismissed, University itself not having claimed any ownership in respect of the land beyond what has been acquired for its purpose; that most of the appellants being residents within the area of 3000 acres cannot challenge the constructional activities within the Scheduled area. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 117 |
Petitioner | Sushanta Tagore And Ors. |
Respondent | Union Of India And Ors. |
SCR | [2005] 2 S.C.R. 502 |
Judgement Date | 2005-03-03 |
Case Number | 1511 |
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