V.S.Sirpurkar, CJ. - (1.) This appeal is against the order passed by the learned Single Judge by which the learned Single Judge has dismissed the writ petition filed by one G. S. Marketing Associates and others. In that writ petition, the petitioners have challenged the decision of the military authorities dated 8th of December, 2005 by which they refused to grant permission to hold a trade fair by using a part of the Kolkata Maidan during the period from 28th of April, 2006 to 9th May, 2006. The said refusal was on the ground that the Calcutta High Court had already in its judgment observed that fairs, exhibitions and other events usually held in Brigade Parade Ground should be reduced to preserve the ecology of the only large open space in Kolkata. The petitioners, inter alia, pleaded that at that time similar such permission was granted to Bengal National Chamber of Commerce and Industry to hold a similar trade fair and, therefore, in refusing the permission to the petitioners, they were discriminated against. The basis of the petitioners' claim was that they had held such fair from 10th September to 22nd September, 2004 and thereafter had cleaned the Maidan and fully restored the same to its original position and the authorities had also expressed satisfaction holding that they had cleaned the Maidan area. The petitioners have accordingly made an application for holding a trade fair in 2006 also. However, that having been refused, they were driven to the Court to file a writ petition. The learned Single Judge seems to have dismissed the writ petition after hearing the learned Advocate General as also after hearing the military authorities.
(2.) It cannot be disputed that Maidan is the only vacant place left in the otherwise crowded city of Kolkata. Nobody can even dispute that maidan should retain its character as a Maidan because Maidan acts as the lungs of the city. Again, it cannot be disputed that frequent holding of the trade fairs would undoubtedly change the nature of Maidan and would destroy the greenery which is otherwise required to be maintained. There are decisions and one of us (V.S. Sirpurkar,. CJ.) was a party to those decisions where the necessity of retaining the Maidan's character as a Maidan has been reiterated. It, therefore, cannot be disputed that the authorities would have the discretion to control the activities of holding such trade fairs in Maidan. At any rate, in the month of November, 2005 one such trade fair has already been held. Now the second fair, which is the book fair in order to be held in January, 2006. From the pleadings of the parties and the arguments, it is clear that the present book fair is in association with the Bengal National Chamber of Commerce and Industry, Government of West Bengal and India Trade Promotion Organisation. The military authorities also have submitted before the learned Single Judge that the said international trade fair was proposed so to be last of its kind and the local military authorities had decided to grant permission only by way of an exception.
(3.) We do not find anything wrong in the military authorities', reducing the number of trade fairs to be held at Maidan which is a very attractive spot for holding the trade fairs. The military authorities are quite justified, according to us, therefore to control the trade fairs and if one trade fair has already been allowed to be held in November, 2005, we do not think that any arbitrariness has been exhibited by the military authorities in refusing the second trade fair on the heel of the first trade fair in the month of April, 2006. The learned Judge has relied on the permission granted on 2nd December, 2005 wherein it has been specified that the GOC of the headquarters has received an undertaking from the Government of West Bengal that the industrial trade fair would be last to be ever held. In that permission the millitary authorities had taken note of the decsion of the Calcutta High Court dated 27th November, 2003 in WP No. 7987[W] of 2002. It is apparent that in that view the military authorities insisted that a permission should be sought from the Calcutta High Court for holding a book fair. Accordingly, an application came to be filed before the Green Bench. That application was without number. The order so produced before us by Advocate General suggests that on 2.1.2006 the Green Bench had permitted for holding of the book fair only as a last chance. The Bench has also issued some directions. The Bench has noted in the order this would be the last time for holding such book fair and it would be the last time for the defence authorities to permit such activity. The Bench has also expressed specifically that a matter of book fair would be a different aspect and it seems that on that ground permission was granted.;