S.B. Sinha,.J. - (1.) This writ application in the nature of Public Interest Litigation has been filed by two residents of Shyampukur Police Station for issuance of writ of or in the nature of mandamus directing the respondents No. 1 to 8 to act in accordance with law and to take steps for stopping unauthorised construction allegedly raised by them and for further direction to demolish the same.
(2.) Admittedly there exists a park by the side of Girish Avenue, Baghbazar known as Gouri Mata Uddyan. The said park is a public one and vests in the Calcutta Municipal Corporation. According to the petitioners, in the month of June, 1998 the respondents herein without any legal authority encroached upon a portion of the said park and started raising an unauthorized construction. The petitioners contend that despite protest, such unauthorised construction has not been stopped.
(3.) It has been submitted on behalf of the respondents that the allegations in the writ application are absolutely mala fide and no encroachment has been done by any person whatsoever. It has been alleged that the petitioners had filed the application with an ulterior motive despite the fact that people at large have welcomed the steps taken by the respondents.;