CALCUTTA YOUTH FRONT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE principal point in these two appeals is the validity, legality and propriety of a proposal to construct an underground-market at the Satya Narayan Park situated at Kalakar street, Calcutta, which has been vested in the Calcutta Municipal corporation. By his judgment and order dated 6th July, 1986 the Hon'ble justice Umesh Chandra Banerjee had dismissed a writ application which was moved by the Calcutta Youth Front and others on 9th April, 1985. During the pendency of the said writ application in the trial court, the Calcutta Municipal Corporation (Amendment) Act, I985 came into effect from 19th August, 1985. By section 3 of the said amendment Act of 1985, the Original Section 353 of the Calcutta municipal Act of 1980 (W. B. Act 59 of 1980) was retrospectively substituted. Another writ petition was filed challenging the proposal for construction of an underground market at Satya Narayan Park, inter alia, on the ground that the same was not in accordance with the said substituted section 353 of the Calcutta Municipal Corporation act, 1980 (in short, the Corporation Act ).

(2.) IN the year, 1939/40, the Calcutta Improvement Trust (the 'trust in short) had undertaken the scheme - XLII, inter alia, for effecting development of the Kalakar Street in Burrabazar area and under the said Scheme had acquired several premises. After demolishing several old structures the Trust had laid a public park now known as the Satya narayan Park having approximately an area of 20 thousand sq. feet. The Calcutta Improvement Trust had made over the said park to the calcutta Corporation now known as Calcutta Municipal Corporation (the Corporation in short) for the purpose of maintenance at its own cost. The park is now vested in the Calcutta Municipal Corporation.

(3.) IT is not very much disputed before us that the Satya Narayan park is situated in an area which has one of the highest density of population and that the public streets and pavements in the said area are very much congested. It is also a matter of common knowledge that even before the proposal was. made for the development of an underground market in the subsoil of Satya Narayan Patk, the said park, to say the least, was in a very' unsatisfactory and undesirable state, a number of old trees, however, still existed and even if there was not a blade of grass, the area of the park at least provided some open space for the residents of the Burrabazar area.