TAPABRATA CHAKRABORTY J. - (1.) Santoshpur Udbastu Unnayan Samity, a society registered under the West Bengal Societies Registration Act, 1961 has preferred the instant writ petition by way of a Public Interest Litigation, inter alia, praying for a direction upon the State respondents to take necessary legal steps and to restrain the Chairman of the Maheshtala Municipality (hereinafter referred to as the said Municipality) from altering the nature and character of a plot of land comprising of an area of 6 cottahs situated at L.O.P. No. 494/622 at Ward No. 16 (hereinafter referred to as the said plot) and from constructing any community hall over the said plot which is being used as a children's park.
(2.) Mr. Haradhan Banerjee, learned advocate appearing for the petitioner submits that since 1982 the said plot is being utilised as a children's park. Till the year 2015 there was no dispute pertaining to such user of the said plot. Suddenly on 16th October, 2015 authorities of the said Municipality laid the foundation stone for a community hall on the said plot though prior thereto, in the year 1994, the respondent No. 4 inaugurated a children's park over the same plot. The respondents thereafter proceeded in hot haste to construct a community hall upon the said plot. Upon coming to learn about such attempt on the part of the respondents, the petitioner made an application under the Right to Information Act, 2005 seeking information about the nature and character of the said plot and by a letter dated 21st December, 2015 it was, inter alia, intimated as follows : A. As per available office record the subject plot, i.e., L.O.P. No. 494/622 (measuring 6 katha [approximately] has been ear marked as "CHILDREN PARK" in the approved Lay Out Map dt 1982. B. As mentioned in the Conrit Register the subject plot was used by the children for entertainment. C. As per the available office record the plot has yet been gifted/leased out/transferred/handed over to any person or Govt. Or Non-govt. Organisation.
(3.) Upon receipt of such information, the petitioner made a representation to the respondent No. 1 on 29th December, 2015 and submitted a demand notice on 20th January, 2016 asking the respondents to refrain from altering the nature and character of the said plot but the same were responded to and as such the petitioner was constrained to file the instant writ petition in the month of May, 2016.;