Calcutta Municipal Corporation Act, 1980

Construction of basement Market under Public Park

                A non-governmental organization called Calcutta Youth Front filed this special leave petition against the order of a Division Bench of the High Court of Calcutta, which upheld the judgment of Single Judge of the same Court and dismissed the petition of the appellants. The appellant initially filed a writ petition before a Single Judge and challenged the legality by the Calcutta Municipal Corporation of the Subsoil of Satyanarayana Park to the respondent, M/s Happy home and Hotels Pvt. Ltd. for a period of 30 years for the implementation of the scheme that is construction of a two storied, air-conditioned underground basement market and parking place on the manifold ground. The appellant alleged that the construction would affect the ecological balance because the park was situated in a densely populated area, Burrabazar the Metropolitan City of Calcutta as the construction would affect traffic in or about said area leading to further ecological imbalance. Moreover the Corporation had no authority to grant the license. However, the Single Judge of the Calcutta High Court rejected the contentions of the petitioner and held the said grant of license would not destroy the intrinsic character as park and the implementation of the development scheme by the Corporation was a bona fide exercise of its statutory powers.

               The Judge observed “the contention of ecological imbalance is wholly on an erroneous assumption. It is not fact that there will be no park as such park would be there and all other amenities which a modern park enjoins would be provided for. It is to be recorded that the park for a decade is in a deplorable state and excepting there being some tall trees, there was no maintenance of the park as park by the Corporation of Authorities”. A Division Bench agreed with decision of the Single Judge and dismissed the appeal.
When matter came up before the Supreme Court, the Court held that the High Court was right in holding the implementation of the development scheme would fall within ambit of the Calcutta Municipal Corporation Act. The scheme was to relocate and re-develop the park as a public park as a place for the public recreation. The Supreme Court dismissed the appeal.