JIBANESWAR BOSE Vs. A B MUKHERJEE

JUDGEMENT

(1.) There are, on the northern and eastern sides of Calcutta, certain canals, which are navigational canals. Of them one is known as the Circular Canal, which runs on the northern and eastern sides of Calcutta, between River Hooghly and Orange Sura at Dhapa. Another canal is known as the New-cut Canal, which takes off from Circular Canal at Ultadanga and terminates at its outfall into the Central Lake Channel, near Dhapa lock. There are also other canals,, with which I am not concerned in this Rule. The two canals abovenamed were excavated respectively in the years 1829 and 1859. The two canals formed part of a navigational canal system, operated mainly for the purpose of maintaining communication between Calcutta and East Bengal. The navigational canals above named, falling within the limit of West Bengal, lost their importance as a line of inland navigation for boat traffic, after the partition of Bengal, in the year 1947.

(2.) Calcutta, as is well known, is a growing and expanding town. It appears from the affidavit-in-opposition filed on behalf of the respondents, that the Circular Canal, locked as it is at the Hooghly and Dhapa ends, declined to an unhygienic condition due to the difficulty of flushing it with fresh water. Similar became the condition of the New-cut Canal. It further appears from the affidavit-in-opposition, that both the canals are rapidly silting up and are in a state of degeneration and that their further existence is unnecessary. It is also stated in the affidavit-in-opposition that due to the existence of the two canals, extension of Calcutta towards the east has become difficult. According to the stand taken by the respondents, it is necessary to fill up both the canals for the two-fold purpose of removing unhygienic conditions and facilitating the extension of the town of Calcutta towards the east.

(3.) It also appears from the affidavit-in-opposition that the Drainage Enquiry Committee, appointed by the then Government of Bengal, in the year 1945, to investigate into the drainage problem of Calcutta and the surrounding areas, recommended the filling up of a portion of Circular Canal from Ultadanga to Dhapa and the New-cut Canal from its junction with the Kristopur Canal upto Dhapa Lock. The technical committee on Greater Calcutta Drainage, appointed by the Government of West Bengal, in December, 1947, also endorsed the recommendation of the Drainage Enquiry Committee.