CITIZENS COUNCIL JAMSHEDPUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed this writ petition by way of Public Interest Litigation seeking appropriate writ/order to quash the order dated 10-9-1997 passed by the Sub-Divisional Officer, Dhalbhum, Jamshedpur, (Annexure 12 to the writ petition) and to direct the respondents not to hold any mela/fair for sale of textile etc. on Aam Began Maidan (hereinafter referred to as the Maidan) and not to use it for commercial purposes. As the exhibition has already started, the petitioner has also applied for amendment of the writ petition seeking further prayer restraining the respondents from holding exhibition.

(2.) By the order dated 10-9-1997, the Sub-Divisional Officer, Dhalbhum, Jamshedpur, has granted permission to the respondent No. 6 to hold exhibition of handloom, handicrafts, Khadi-netwear etc. on the Maidan for the period from 14-4-1998 to 30-6-98, subject to its allotment by Tata Iron and Steel Company, Jamshedpur, (hereinafter referred to as TISCO). The petitioner wants the said order to be quashed by this Court on the ground that the Maidan is used as play ground by the children and as a park by others for strolling sitting and enjoying free air. Its grievance is that if the exhibition is held over the Maidan, it could not be used by the children as play ground and by elders for strolling and sitting. It is further stated that it will cause health hazards, create traffic and law and order problems and will also casuse noise pollution.

(3.) The averments, reasons and the grounds taken in support of this writ petition have been denied emphatically both by respondent Nos. 1 to 4 and the respondent No. 6 by filing their respective counter-affidavits. In the counter-affidavit filed on behalf of respondent Nos. 1 to 4, it has been stated that the TISCO, which is the lessee of the Maidan, has left it open for social, cultural and various other activities and it is accordingly used for holding Mela, Puja, social and cultural functions. It has further been stated that the said land is an open Maidan and it is neither a park, nor is it a health resort and there is only one Mango tree on it. It has also been stated that Sri Nirmal Bhattacherjee, who has filed this writ petition, is habituated to make recommendations for grant of permission for holding exhibition on the Maidan to various applicants such as North Calcutta Garment Dealers' and Manufacturers' Welfare Society, Calcutta, and this writ petition has been filed on account of trade rivalry. It is further stated that timings for exhibition is 5-30 p.m. to 9-00 p.m. and permission to hold it has been granted after consulting the heads of the Educational Institutions, Secretary, Iftaj and various other institutions/societies, names of which have been given in para No. 3(vi) of the counter-affidavit.