STATE OF WEST BENAGAL Vs. POLY DAS

JUDGEMENT

(1.) The Court: Heard learned Counsel for the parties.

(2.) The stay application is taken up for hearing. The stay application with reference to the appeal arose out of the challenge of the judgment and order dated 21.9.2006 passed by the learned Trial Judge in WP No. 1423 of 2006 whereby and whereunder the learned Trial Judge passed a mandatory order directing issuance of the offer letter in the concerned route namely, Howrah New Bus Stand to Sealdah instead of the original route for which the application was filed for the route Howrah Station to Sealdah. In adjudicating the stay application we are of the view that the entire appeal could be disposed of on merit. Hence the appeal is taken up for final hearing. All formalities stands dispensed with.

(3.) Parties have argued at length on the questions of fact and law as involved in the appeal. It is the submission of the learned Advocate for the appellant before us that in view of the congestion of vehicles in the city of Kolkata and the nearby twin city at Howrah and to control the pollution, the State Government took a policy decision published in the Kolkata Gazette in its publication dated 6.8.2004 by a Notification No. 34335 dated Kol. 2.8.2004 to this effect that no new bus route should be formulated and permit be issued through the Central Business District viz. Esplanade and Band Stand in Kolkata and Howrah Station and approach areas of Howrah Bridge until further orders, no new permit for stage carriages shall be issued which may originate/terminate in Esplanade and Band Stand in Kolkata and Howrah Station and, further, that no new bus route shall also be created/formulated in Kolkata and Howrah without creating any appropriate parking place having requisite amenities for both the passengers as well as the transport workers. This notification is quoted hereinbelow: <FRM>JUDGEMENT_699_CALHN3_2007Html1.htm</FRM>