SHANKAR LADIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) It is the case of the writ petitioner who is a resident of 19/ 1, Camac Street, Calcutta that a notification was issued on 23/04/1988 by the Deputy Commissioner, Calcutta Municipal Corporation, whereby it was notified for the information of the Public that the Calcutta Municipal Corporation was pleased to grant fee car parking licence for realisation of car parking fees in respect of the footpath of Camac Street and carriage way of its two adjoining roads, viz. Victoria Terrace and Albert Road in favour of M/s. Fee Car Parking Employees Cooperative Society Ltd. of 3, Sreemanta Dey Lane, Calcutta 12 for a period of two years with effect from the date of notification in the newspapers after closing the portion of the abovementioned Streets/ roads under Section 355 of the Calcutta Municipal Corporation Act, 1980. The petitioner has two fold objections to such notification. Firstly it has been contended that the footpath cannot be used as a car parking zone or area. Moreover rate of fees prescribed for the said car parking area is exhorbitant, unreasonable and discriminatory in character. It has been submitted on behalf of the petitioner that even in the office areas near Dalhousi Square and Park Street the parking fee is Rs. 0.60. paise for the 1st half an hour and Rs. 1.00 for subsequent one hour and hours. The Camac Street, Victoria Terrace and Albert Road are comparatively less congested by traffic and has been charged with Rs. 2.00 for the first 30 minutes or part thereof for the next 30 minutes or part thereof are Rs.3.00 and for every subsequent hour after the 1st hour or part thereof are Rs. 5.00 respectively. Such fixation has been made without any rational basis and is totally arbitrary in character.

(2.) There cannot be any doubt that footpath is "meant for pedestrians only" and if cars, vans and other vehicles are allowed to be parked in the said footpath the said footpath shall cease to be footpath and it will cause serious difficulties for the pedestrians to move on foot and to use the same as footpath. The dictionary meaning of "footpath" is a path or way for pedestrians only". In this connection relevant sections of the Calcutta Municipal Act, 1980 may be considered. Section 2(71) defines public street as follows :-

(3.) The minimum width referred to in subsection (2) may be revised by the Mayor-in-Council." Under the said Section 347 it is the duty of the Calcutta Municipal Corporation to ensure that footpaths have been raised in the adjoining street. The other relevant provision will appear in this connection from Section 353 of the Act which states as follows:- "Section 353 permanent closure of public street, park square or garden and disposal of land :-