And to get the Army to explain why it withdrew the no-objection certificate just three months after giving it in February 2009.

That no-objection, an Army inquiry report found out, was given in alleged violation of norms and is at the heart of the allegations against Miltary Secretary Lt Gen Avadhesh Prakash, Lt Gen P K Rath of the 33 Corps and others.

According to court records, in November 2006, for an estimated Rs 82 lakh, lease deeds were executed in favour of Akshara Vanijya Private Ltd, Mata Vaishnodevi Mercantile Pvt Ltd, Sheetla Vyapar Pvt Ltd and J F Low & Company.

These four companies were floated by Sharad Bajoria, owner of New Chumta Tea garden in Sukna, whose unutilized 71.55 acres was taken on lease from the West Bengal government for this commercial venture (see box).

They got possession of the land in June 2007.

These firms have now sought an injunction on proceedings by the West Bengal Land and Land Reforms (L&LR) department towards cancellation of the lease deeds.

It was in April 2009 that the 33 Corps Headquarters informed the state government that it was canceling the MoU it had signed with the trust.

The court has set the second week of February for the next hearing and asked all parties to maintain status quo.

But the key man behind the project isn’t hopeful. “The Sukna project is dead. It’s been killed. With the Army raising objections about the educational project on the 71.55 acres, on grounds of national security, I am left with little choice now. I will have to move out of the project in Sukna,” said Bajoria.

The venture mooted at Sukna at first related to a “tea tourism-cum-tourist resort” but after the Army objected to it on grounds of security, it was later modified “in accordance with and in tune with the Army’s proposal of setting up an educational institution,” Bajoria told The Indian Express.

He declined to answer questions on the Army’s allegations.

Asked why he floated the four companies, Bajoria said: “I could have done the educational institute project in the name of New Chumta Tea Garden. But it was for business convenience that these four separate companies had to be set up.”

Bajoria, who deposed before the army court of inquiry, said: “My involvement in the project was almost like an outsider. The land belonged to me. The Geetanjali Trust was interested in setting up the educational institute project. So everything was being done by the Geetanjali Trust.” Its trustee was Dilip Agarwal, the Siliguri-based developer who, according to the Army, was a close friend of Lt Gen Prakash.

When contacted by The Indian Express, L&LR Commissioner General P K Agarwal said: “Our final verdict on cancellation of the lease deed was due on December 23 but it had to be withheld after the lessees went to court.”

Sources said the government has also cleared a proposal to refund the estimated Rs 82 lakh paid by the four lessees.

The original Sukna plan
Akshara Vanijya Pvt Ltd: 23.85 acres; retreat housing, spa, sports complex

Mata Vaishnodevi Mercantile Pvt. Ltd: 23.65 acres; resort, hotel & retreat housing

Sheetla Vyapar Pvt Ltd: 18.75 acres; retail and commercial plaza, arts and crafts centre, convention centre and retail housing.