DEBANGSU BASAK, J. - (1.) IN the present era environment requires protection and preservation. Every available greenery in a city needs to be zealously guarded.
(2.) THE present public interest litigation seek remedial measures for the boulevard on the Southern Avenue in the city of Kolkata. It is one of the last surviving boulevards in Kolkata. According to the petitioners the boulevard islands in the Southern Avenue was put to improper use, encroached upon and no attempt made for the preservation of the greenery. Mr. Utpal Bose appearing on behalf of the petitioners drew our attention to the various instances of improper use of the boulevard islands. Near Golpark a public convenience was set up. Opposite Lake Kalibari the boulevard was allowed to be used by Lake Kalibari to store building materials. A portion of the boulevard was converted to swimming pool and a portion was allowed to be used by a school. All of these according to Mr. Bose were improper use of the boulevard and appropriate orders should be made for their removal. He placed the reply to the Right to Information query at page 35A of the writ petition to contend that Kolkata Improvement Trust was the owner of the boulevard. With regard to Lake Kalibari the Right to Information stated that talks with Lake Kalibari Authority was on and that Lake Kalibari has started beautifying the boulevard and that the fencing will be opened very soon. The reply is dated May 25, 2011. Nothing has been done by Lake Kalibari since then according to him.
(3.) MR . Bose relied on Section 35C (i) and (j) of the Kolkata Improvement Trust Act, 1911 to contend that the Kolkata Improvement Trust did not give permission to Lake Kalibari to use the boulevard. He also relied upon Section 35C (2) to contend that it was the duty of the Kolkata Municipal Corporation to prevent wrongful user of the boulevard.;