- (1.) This application under Article 226 of the Constitution of India, by describing the same as Public Interest Litigation involving environmental and pollution control, is at the instance of one Publishers and Booksellers Guild, a society registered under the West Bengal Societies Registration Act, 1961, represented by its Hony. Secretary and by this application, the writ petitioners have prayed for the following relief: "a) A writ of and/or order and/or direction in the nature of Mandamus commanding the respondents, their servants, agents and/or assigns to forthwith implement the consensus/agreement recorded in the minutes of the proceedings of the meeting of Kolkata Book Fair, 2007 held on November 09, 2006, copy whereof is already annexed hereto and marked 'P3' and to take all steps for holding of the 32nd Book Fair for the year 2007 at its original venue at Kolkata Maidan on Outram Road at the crossing of Park Street and Jawaharlal Nehru Road forthwith, the location whereof is indicated in the sketch plan annexed hereto and marked 'P2'. b) Rule Nisi in terms of prayers (a) to above. c) This Hon'ble Court be graciously pleased to grant permission for holding of 32nd Kolkata Book Fair, 2007 by the petitioners at the same venue where the previous Kolkala Book Fair, 2006 was held. d) Directions be given upon the respondents to take necessary steps for facilitating holding of 32nd Kolkata Book Fair on January 31 to February 11, 2007 at the same venue as in the previous year and shown in the sketch plan annexed hereto and marked 'P2'. e) An order of injunction commanding the respondents and each one of them to grant permission to hold Book Fair for the year 2007 at its original venue on Outram Road at the crossing of Park Street and Jawaharlal Nehru Road forthwith. f) An interim order of injunction in terms of prayers above. g) Such further or other order or orders be made and/or direction or directions be given as would afford complete relief to your petitioners."
(2.) The case made out by the writ petitioners may be summed up thus: (i) The writ petitioner No. 1 is an Association of Publishers and Booksellers Guild of Kolkata and is a society duly registered under the West Bengal Societies Registration Act, 1961 by the Registrar of Firms, Societies and Non-trading Corporation, West Bengal and such society was formed mainly with the objects of promoting professional standards amongst the members, to co-operate for mutual benefit with other organizations concerned in the creation, production and distribution of books, to encourage the spread of literacy and education in India and throughout the World, to provide assistance and consultancy services to spotlight future needs, to initiate new techniques and applications and to improve the technical and educational qualifications of the members of the Guild and their Staff, to conduct research and to institute a documentation centre for disseminating information pertinent to the book industry, etc. (ii) From the year 1976, the petitioner No. 1 had been taking the entire responsibility for holding a Book Fair at the Maidan of Kolkata and for the purpose of holding the said Book Fair for the year 2007, the petitioners duly issued the prospectus to all concerned. (iii) According to the petitioners, for holding the Book Fair at the Maidan, the site of Outram Road at the crossing of Park Street and Jawaharlal Nehru Road, is immensely necessary not only for the purpose of convenience of accommodating more than 25 lakhs of visitors, but also for the fact that the required area of the ground works out to be 1,13.617 sq. mtr. or 28 acres approximately and that no other suitable area is available in any other part of Kolkata. (iv) In a meeting taken place on November 09, 2006 called by Shri A. K. Deb, Chief Secretary, Government of West Bengal for the purpose of holding discussion regarding proposal to hold Kolkata Book Fair at Kolkata Maidan, at the Writers' Buildings at Kolkata attended by (i) Major General Deepak Raj, SM, GOC, Bengal Area; (ii) Brigadier D. K. Ghosh, Deputy GOC, Bengal Area; (iii) Shri P. Ray, I.A.S., Additional Chief Secretary, Home Department; Dr. P. K. Agarwal, Principal Secretary, PWD, Shri P. Mukhopadhyay, Commissioner of Police and (vi) Shri Tridib Kumar Chatterjee, General Secretary, Publishers & Booksellers Guild, it was formally recorded that all the persons excepting the representatives of the Army authorities agreed that such Book Fair should be held after complying with all the laws of the land for the time being in force but the General Officer, Bengal Area stated that it was the consistent stand of the Army authorities that the Maidan should not be subject to environmental degradation. They, however, maintained that if the Hon'ble High Court gave permission to hold Book Fair at the Maidan, the Army authority would not have any objection. The General Officer, Commanding, Bengal Area, further clarified that the Army would not be a party to the application which might be filed either by the State Government or any other agency for holding the Book Fair in the Maidan. To the aforesaid effect, minutes recorded by the Chief Secretary, Government of West Bengal are annexed at pages 34-35 of the present writ application. (v) According to the writ petitioners, in view of the stance taken by the Army authority, they are unable to hold the Book Fair, and, as such, the said attitude of the Army authority has given rise to the cause of action for filing the present writ application.
(3.) Initially, a Division Bench presided over by the Hon'ble Chief Justice while entertaining the application gave direction upon the Army authority to clarify its stand by affirming affidavit.;