- (1.) This writ petition has been filed challenging the decision of the Municipal Corporation Authorities allowing a club known as United Training Institute being represented by the General Secretary respondent No. 6 herein to use a portion of the Public park for carrying out their activities after closing the same. It is said that the said club undertakes amongst other imparting training for scout and guides and other social activities.
(2.) The basis of the challenge in this matter is that this decision is contrary to the provision of Section 353 of Kolkata Municipal Corporation Act 1980 as without approval of the State Government any portion of the park cannot be allowed to be closed for the interest of the public and to be used for the purpose of carrying out any activity in the name of public Interest in violation of Act. Admittedly, at the time of handing over of the possession to the aforesaid club, there was no approval of the State Government. Even when this writ petition was filed, there was no approval though Municipal Authorities sought for approval of the same as it appears from the record. This Court passed an order of injunction restraining the respondents from making any construction over the disputed part at Sisir Ghosh Park, Santi Ghosh Street, Baghbazar, Calcutta-700003, This park situates in Northern portion of the City of Kolkata whereas the Registered office of this club situates at 3B/1, Nebu Bagan Lane, Baghbazar, Calcutta-700003. It appears from the record that application was made by the aforesaid club to the Mayor for allowing to use a portion of the park measuring 180 square feet covering the same. It appears that by a resolution dated 24th April, 2002 Mayor-in-Council sanctioned the proposal for granting licence to use 180 Square feet at South West corner of the said park after closing the said portion.
(3.) I have called for the records relating to the decision having been taken in relation to this park. From the records I find the Mayor-in-Council has mechanically taken the decision while accepting the recommendation of the concerned officials to allow the aforesaid club to use by making construction on portion of the part measuring 180 Square feet for United Training Institute at the South corner inside the said park.;