DIPENDRA MOHAN SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THESE two writ petitions are identical in all respects and shall be disposed of by this common judgment. The petitioners seek the issuance of a writ in the nature of mandamus directing respondents authorities to act in accordance with law and to forthwith recall/ rescind/revoke all decisions/directions/orders/notifications relating to the holding of Book Fair at Park Circus Maidan. In the first writ petition the petitioners are residents of the locality and apprehended to be adversely affected in case the Book Fair is permitted to be held at the Park Circus Maidan. The petitioners in the second writ petition claimed to be a Non-Governmental Organization formed for the purpose of various social activities, serving the people, fighting on issues concerning various walks of life, striving for the betterment of the society. Respondent No. 13 is an Association of Publishers and Booksellers of Kolkata, registered under the West Bengal Societies Registration Act, 1961. It is a non -profit making and social service Organization. It has been granted exemption under section 80 (G) of the Income Tax Act of 1961. It is known as the "publishers and Booksellers Guild" (hereinafter referred to as Guild ). We may now briefly notice the facts as pleaded by the petitioners.

(2.) THE Park Gircus Maidan is an area of about 8. 14 Square kilometers. This area is like an oasis, in the heart of the Kolkata city facing numerous problems of air and noise pollution. The Maidan provides the much needed greenery to the city. It is used by young for recreation and by the old to have daily walk. It is said to provide a true respite for the local people residing in the area where seven busy roads of the city meet. The area is also used for sports by schools and as a knowledge development area. Over the years a large portion of the maidan has been taken over by the water booster plant and by the garage of Kolkata Metropolitan Development Authority. Now, only 4. 7 Square kilometer of the Maidan are left for the use of the public. The Kolkata book Fair being organized by the Guild was being held for about 2 decades in the Kolkata Maidan at Outram Road at the crossing of Park Street and Jawaharlal Nehru Road. Aggrieved against the degradation to the local environment writ petition was filed in this Court seeking cancellation of the permission to hold the Book Fair at the Kolkata maidan from 31st January, 2007 to February 11, 2007. This writ petition was allowed and the Guild was compelled to hold the Book Fair in the salt Lake Stadium in the year 2007. According to the petitioners there is no justifiable reason as to why the Book Fair should be held at the park Circus Maidan. A permanent "mela Prangan" has been created in the Eastern Metropolitan Bypass area. All the Fairs which were being held in the Kolkata Maidan are supposed to shift. This decision was taken to control the ever increasing level of pollution in the city. However, the Guild considering books as salient and, sacred, for which human lives can be sacrificed easily, sought permission to hold Book fair in the heart of the city at the cost of human hearts and lungs only to serve their own vested interest. The Guild has been permitted to use and occupy the Park Circus Maidan for the purpose of holding the Book fair from 29th of January, 2008 till 10th February, 2008. The Organizers of the Fair have already turned the Park Circus Maidan into an unhealthy and unsafe place by digging up the Maidan for their installations. Huge branches of the big trees have already been cut off. It is apprehended that the grass will be totally destroyed. This will lead to huge amount of dust particles being thrown into the atmosphere. Park Circus is known to be one of the busiest traffic areas in the city. It is one of the bottleneck areas of the city. The junction where seven roads meet is a permanent traffic jam throughout the day. The Maidan is surrounded by hospitals, nursing homes and schools. Therefore, noise free environment is essential in the area. The petitioners apprehend that stepping up of noise pollution and traffic jams would inevitably cause hardship to the ailing people admitted to the hospitals and nursing homes. Even otherwise traffic jam would prevent free access to the hospital which is essential. Similarly, the Park Circus is also abutted by three major schools/colleges. Darga Road on the East of the maidan is notorious for school specific "traffic snarls" every morning and afternoon. The holding of the Book Fair is bound to aggravate the intolerable situation. It is apprehended that education of the students would also be affected. The green cover of the Maidan will be degraded as during the Book Fair at least 25 lac visitors would be walking on the grass. The Book Fair will leave a dusty, bare and dirty surface which cannot to be cured till the monsoons arrive. The increase in the number of vehicles will also translate into a much higher suspended particulate matter (SPM) count for the entire area. The petitioners also apprehend that organizations, Shopkeepers and visitors will be looking for refreshments at the Fair. Therefore, food and beverage of every description will vie for space and visibility. This will lead to unhygienic environment during as well as at the conclusion of the Fair. The petitioners had made representations to the respondents expressing their apprehensions. However, the respondents have not taken any notice. The entire action of the respondents is in violation of Article 21 of the Constitution of India.

(3.) IT is the case of the petitioners that the holding of the Book Fair is in violation of the Air (Prevention and Control of Pollution) Act, 1981. The Fair is also being held without the requisite permission of the municipal Commissioner under section 353 of the Calcutta Municipal corporation Act, 1980. Undoubtedly, holding of the Book Fair would lead to the closure of the Park from 29th of January till 10th February, 2008. Such a closure of a public Park can only be permitted on the requisite permission being granted by the Mayor. Before a closure order can be passed previous sanction of the Mayor in Council and approval of the state Government is necessary. In the present case, it is not known whether the Mayor in Council has given the previous sanction. It is also not known as to whether the State Government has given permission or approval for holding the Book Fair. Even if such permission has been granted it would be contrary to the provisions of the Air Pollution Control Act, 1986. A Division Bench of this Court in the case of Sabyasachi Roychowdhury v. Union of India and Ors. (2007)1 wblr (Cal) 604 has already held that holding of the Book Fair at the kolkata Maidan is not permissible. For similar reasons, the Book Fair cannot be permitted to be held at the Park Circus Maidan. In fact, the holding of the Book Fair at the Park Circus Maidan would be even more dangerous as it would be hazardous to human lives. In the case of kolkata Maidan it was causing damage to the Victoria Memorial. The petitioners further claim that the holding of the Book Fair would lead to the increase in the Respirable Particulate Matter (RPM) level which would be hazardous to the health of the human population. The petitioners further state that Park Circus Maidan is required to be declared as a silence zone since 100 meters of the Maidan, hospitals and schools are situated. The petitioners state that there is "an infringement of Rule 3 of the Noise Pollution (Regulation and Control)Rules, 2000. Under this Rule it was the duty of the State Government to categorise all the areas into industrial, commercial, residential for the purpose of implementation of noise standards for different areas. Under Rule 5, area comprising not less than 100 meters around hospital, educational institutions and Courts has to be declared as silence zone. Therefore, by not declaring the Park Circus Maidan as silence zone the authorities have failed to perform their statutory duties.