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Petitioner further prays that this Court should appoint a Committee to scrutinize all those cases where allotments have been made from the discretionary quota and quash all the allotments made thereunder. The challenge of the petitioner is primarily based upon the ground that discretionary quota for distribution of plots in the Salt Lake City was arbitrary, illegal and in violation of the Master Plan. Resultantly, it was in violation of equality and right to life as enshrined in Articles 14 and 21 of the Constitution of India. Further, by allotting lands earmarked for civic amenities, the State has violated its promise extended in the Master Plan on the basis of which people have purchased plots in the scheme and, as such, these allotments tantamount to undue enrichment of the State at the cost of the allottees and, therefore, such allotments are in violation of the law stated by the Supreme Court in the case of Common Cause, A Registered Society (supra).

"20. It is also contended by Mr Ganguli that a large number of Judges of the High Court and the Supreme Court have also been allotted plots in Salt Lake City under the discretionary quota of the Chief Minister and it will be unfair to single out Respondent 24 for meting out a different treatment. At the time of hearing of this writ petition, we requested the learned Senior Counsel to inform us whether any other Judge or Judges obtained the allotment order from the discretionary quota of the Chief Minister by compromising his judicial duties, we would also proceed against such allottee. He, however, was unable to receive any instructions in this behalf. It is trite, unequals cannot be treated equally.

The above prolonged history of this case clearly shows that in proceedings before the Calcutta High Court, the merit or otherwise of the discretionary allotments made by the Chief Minister was not decided in accordance with law. One writ petition, being W.P. No. 7553 of 1986, came to be dismissed for default vide order dated September 2, 2003 which order attained finality as no further proceedings were taken by the petitioners therein. Thereafter, WP No. 17306 of 1997 came to be dismissed, primarily, on the ground of non-joinder of necessary parties and the allotments under the discretionary quota of the Chief Minister were not set aside. On the contrary, while referring to the order dated June 11, 1987 of the other Bench in Writ Petition No. 7553 of 1986 that was still subsisting, it was observed that the Chief Minister was permitted to make allotments from the discretionary quota, however, in accordance with the judgment of the Supreme Court in the case of Common Cause, A Registered Society (supra). A Civil Appeal No. 6707 of 1999 against that judgment also came to be dismissed by this Court along with Writ Petition No.216 of 1999 which had also questioned the discretionary allotments. In other words, the allotment of large number of plots in Salt Lake City, Kolkata had been the subject matter of different writ petitions and/or appeal before the Calcutta High Court as well as this Court and for one reason or the other the allotments in favour of the private parties had not been set aside, though there were doubts raised by the Calcutta High Court as well as this Court regarding allotments under the discretionary quota of Chief Minister and the manner in which they were made. However, as all these judgments have attained finality, they cannot be permitted to be agitated over and over again including in the present writ petition. The principles of finality as well as fairness demand that there should be an end to the litigation and it is in the interest of public that the issues settled by the judgments of courts, including this Court, which have attained finality should not be permitted to be re-agitated all over again, interest rei publicf ut sit finis litium.

The jurisdiction of this Court, in a Public Interest Litigation, cannot be pressed into service where the matters have already been completely and effectively adjudicated upon not only in the individual petitions but even in the writ petitions raising larger question as was raised in Writ Petition No. 216 of 1999 before this Court.

Another important aspect of this case which has persuaded us not to interfere with settled rights and grant the prayers in this Public Interest Litigation is that an affidavit on behalf of the State of West Bengal has been filed recently on December 3, 2010 revealing certain pertinent facts for proper adjudication of this case. The affidavit, sworn by Mr. Abanindranath Palodhi, Joint Secretary, Urban Development Department, Government of West Bengal, has stated that guidelines for allotment of both individual and co-operative residential plots in Salt Lake were issued by a Government order on December 7, 1999 on the strength of the Cabinet decision taken on November 10, 1999. The then Chief Minister, Late Mr. Jyoti Basu, had already allotted 276 plots out of 290 plots from his discretionary quota which were available at that point of time and presently only 14 plots are left in that discretionary quota. This affidavit further states as under: