CALCUTTA YOUTH FRONT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) CALCUTTA a sprawling metropolis has grown from the days of Job Charnak right upto the modern era in most unplanned haphard fashion. This metropolis in the truest sense of the term has seen through the process of time a gigantic growth of population By reason of this influx small open spaces attached to dwelling units do not exist any longer Multi-storied building like gigantic demons loom large on the streets of Calcutta. Environmental pollution has also reached such a state necessitating governmental intervention. Cry for a open space and for a fresh air breath are there from every part of this metropolitan city.

(2.) IT is against this background that this writ petition was filed before this Court in an attempt to stop the work of construction of an underground market at the Satya Narayan Park situated in one of the most thickly populated areas of the city, though upon due authorisation from the Municipal Corporation of Calcutta. Apart from the plea that the authorisation to construct an underground market by the Municipal Authority is utterly illegal and without any statutory sanction, M. Sankar Das Banerjee, appearing in support of the petition, strenuously contended that there would be a tremendous ecological imbalance in the event the work of construction is allowed to continue at the Satya Narayan Park.

(3.) BEFORE however dealing with the rival contentions, a brief reference as to the area in question ought to be made at this juncture. Satya Narayan Park has an area of about 20,000sq. ft. with about eight or ten big peepal trees apart from certain small ones and is situated in the heart of Barrabazar area which is the main business centre of this metropolis. Traffic is in an enormous state in the area in question. Free flow of traffic is an unusual sight even much beyond the business hours. Right round the Park small shop-lets are even now existing making it impossible for the pedestrians to use the footpath resulting in the use of the road by pedestrians, which in its turn adds a further clog onto the traffic problem. Open space in the area in question is thus an undoubtable requirement and cannot be disputed. Ecological imbalance also ought not to be ignored in the present day context.