Calcutta High Court (Appellete Side)
Operative Society Ltd vs The State Of West Bengal & Ors on 28 June, 2022
Sl. No.9
28.06.2022
Court No.24
B.M.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
WPA 11688 of 2022
Matara Heridity Patni Ferry Service Co-
operative Society Ltd.
Versus
The State of West Bengal & Ors.
Mr. Sirajul Haque Mondal
... for the petitioner
Mr. Amitava Chaudhuri,
Mr. N. Roy.
... for Nadia Zilla Parishad
The petitioner is aggrieved by the act on the part
of the Nadia Zilla Parishad in holding auction for
settlement of the Kanainagar Patikabari and Chandpur
Palpara ferry ghats. The date of auction is fixed today
(28.06.2022) at 12 noon.
According to the petitioner as per Rule 281 of the
West Bengal Land and Land Reforms Manual, 1991
preference should be given for settlement of ferries with
local Boatmen's Co-operative or Partnership concerned
formed of local Boatmen and hereditary Patni. If there
is one such Co-operative or Partnership concerned in
the locality, settlement shall be made with such Co-
operative or partnership concerned on the basis of
economic rent to be determined by Collector on the
basis of 25% of the average of net income of preceding
three years and in such event, no such tender needs to
be invited.
Learned advocate for the petitioner relies upon
the provision of the Bengal Ferries Act, 1885 and
submits that since the ferry in question is a private
ferry, accordingly, the settlement of the same ought to
be restricted only in respect of the local Boatmen's Co-
operative and there is no requirement of calling for an
open auction.
Learned advocate representing the Nadia Zilla
Parishad submits, upon instruction that, apart from
the petitioner there are other Co-operative societies who
are interested to participate in the auction process.
Reference has been made to the judgments
delivered by this Court in Nabadwip Jalapath
Paribahan Co-operative Society Limited v. The State of
West Bengal & Ors. reported in 2018(2) WBLR(Cal) 161,
Kaljani Group Samity & Anr. v. State of West Bengal &
Ors. reported in 2006(3) CHN 475, and unreported
order dated 6th June, 2022 passed by the Hon'ble
Division Bench presided over by the Hon'ble the Chief
Justice in a Public Interest Litigation being WPA(P) 217
of 2022 (Kolkata Anti-Corruption Research & Analytical
Institute vs. The State of West Bengal & Ors.) and
another unreported order dated 16th June, 2022 in WPA
9664 of 2022, IA No. CAN 1 of 2022 (Rajab Mondal v.
The State of West Bengal & Ors.).
It has been submitted that the ferry in question is
under the absolute control of Nadia Zilla Parishad and
for maintaining transparency in the matter of
settlement of the ferry ghat, public auction has been
called for.
In Nabadwip Jalapath Paribahan (supra), the
Court directed Nadia Zilla Parishad to take steps for
issuing fresh notice inviting for settlement of the Nadia
Ferry Ghat.
In Kaljani Group Samity (supra), the Court held
that Rule 281 is not directly applicable for settlement of
the ferries under the management of the Panchayat but
the procedure laid down therein should be adopted by
the Panchayat for settlement of ferries under its
management for maintaining uniformity in the
settlement of the ferries of various descriptions by
different statutory authorities.
The Court was of the opinion that to maintain
transparency in the process of selection of the
settlee/lessee, selection should be made either by
auction or by tender so that transparency can be
adjudged by the participants themselves.
The Hon'ble Division Bench in the matter of
Kolkata Anti-Corruption Research & Analytical Institute
(supra) took note of the fact that open auction will be
held for allotment of ferry ghat.
In Rajab Mondal (supra), the Court was pleased
to hold that Nadia Zilla Parishad may publish the
auction notice and fix the date of auction for settling
the ferry ghat.
From the submission of the parties and on
perusal of the documents placed before this Court, it
appears that the whole intention of the Act is to
maintain transparency, fairness and uniformity in the
process of settling the ferry ghats.
The petitioner claims to be a co-operative society
of local boatmen. It has been submitted by the learned
advocate for the Nadia Zilla Parishad that there are
several other co-operative societies who are interested
in the open auction process.
Accordingly, there is no reason to restrain Nadia
Zilla Parishad to proceed with the open auction. If there
are more than one co-operative societies, then decision
shall be taken by the Nadia Zilla Parishad to settle the
ferry ghat in favour of the highest bidder.
No further order is required to be passed in the
instant writ petition.
The writ petition stands disposed of.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as
possible.
( Amrita Sinha, J.)
