SUHRIT MITRA Vs. CORPORATION OF CALCUTTA

JUDGEMENT

(1.) THIS is an application by a rate-paying citizen of Calcutta invoking the Constitutional Writ under Article 226 of the Constitution against the Corporation of Calcutta. The subject of this application is the use to which the Corporation can put public parks and squares in the city. The occasion is the prospect of use of city's public square by a circus party.

(2.) IN this case the Corporation of Calcutta by a resolution of the 20th September, 1956 of its Standing Town Planning and Improvement Committee decided to grant permission to occupy Marcus Square, a public square in the city, for a period of three months in consultation with the party or parties paying to the Corporation a lump sum of Rs. 25,000 and on depositing such security against any damage to the ground as may be fixed by the Commissioner and subject to other usual terms and conditions. The party in view was the owners of Kamala Circus. By an amendment of that Resolution it was further decided to reaffirm it with two qualifications, namely, " (a) That in the meantime the Chief Law Officer be requested to give his opinion regarding the points raised in the letters received from Solicitor, Sri Sovendra Nath Ghosh; (b) That pending the receipt of the opinion of the Chief Law officer no intimation be given to the party regarding the allotment. "

(3.) IN fact no allotment has been made. There were several applications for taking Marcus Square on hire. One of the applicants was one Morris Deans for whom the Solicitor of the present applicant made an application for a temporary lease of Marcus Square. The Corporation, however, decided to grant the temporary lease of the ground of the Marcus Square to the owners of Kamala Circus, and the applications of all other applicants, including that of Morris Dean, were rejected. It is now the contention of the applicant who is not Morris Dean but for whom the Solicitor is the same Morris Dean's Solicitor that the Corporation has no power to make this arrangement in respect of a public square like Marcus Square.