JAYANTA CHATTERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) IN the present era environment requires protection and preservation. Every available greenery in a city needs to be zealously guarded.

(2.) THE present public interest litigation seek remedial measures for the boulevard on the Southern Avenue in the city of Kolkata. It is one of the last surviving boulevards in Kolkata. According to the petitioners the boulevard islands in the Southern Avenue was put to improper use, encroached upon and no attempt made for the preservation of the greenery.

(3.) MR . Bose relied on Section 35C (i) and (j) of the Kolkata Improvement Trust Act, 1911 to contend that the Kolkata Improvement Trust did not give permission to Lake Kalibari to use the boulevard. He also relied upon Section 35C (2) to contend that it was the duty of the Kolkata Municipal Corporation to prevent wrongful user of the boulevard.