KUMAR DIPTI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This public interest litigation is preferred alleging that Joynagar Mozilpur Municipality is proposing to construct a water tank and fire brigade station on a playground and park known as "Indira Uddyan". According to them, the land in question was purchased by the municipality way back in 1979 by a registered deed for the purpose of playground and park and gradually it has developed as the best playground within the municipal area. Petitioners further contend that the municipality is arbitrarily trying to disturb and destroy its purpose by undertaking construction of water tank and fire brigade station while other suitable places are available. The petitioners' contention seems to be that once the property was purchased by the municipality for the purpose of playground and park, the said purpose cannot be deviated from by the municipality and construction of a water tank and fire brigade station would destroy the playground in question as alternative suitable places for such construction are in existence.

(2.) Learned counsel representing the municipality in question places on record the site plan of "Indira Uddyan" and also the proposed utilisation of the land which clearly depicts the intention of the municipality how best they could make use the land in question.

(3.) On perusal of site plan, we notice that at the North-West corner they intend to put up fire station which measures about 60 feet/110 feet and on the South-West corner they intend to put up water tank referred to as S.U.G. which measures about. They also have a proposal to put up in future stadium on either side of the playground including a dressing room for the athletes and others. There is a proposal to put up gymnastic cum indoor games unit as well.