COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INDIA

India - Development Work in Public Park

CALCUTTA YOUTH FRONT v. STATE OF WEST BENGAL

1988 SC 436
A. P. SEN and B. C. RAY. JJ

Introduction

The Calcutta Municipal Corporation granted a license to a company for construction of an underground basement market and parking place in a section of a public park. The license was granted subject to the condition that the licensee shall improve and maintain the park on the terrace of the underground market. The Petitioner contended in the Supreme Court that the granting of such license would create to an ecological imbalance in the area and also that the scheme does not fall within the ambit of "development work" as set out in section 353(2) of the Calcutta Municipal Corporation Act 1980.

Legislative Framework

Calcutta Municipal Corporation Act 1980 - Section 353(2).

Held

In dismissing the Petition, the Supreme Court held that in the circumstances of this case, the High Court was justified in holding that the construction of the underground market would not destroy the intrinsic character of the public park and that there was no possibility of creating an ecological imbalance. On the contrary, the process of replanting of tall trees had already been effected in terms of the earlier order passed by the Divisional Bench, and the condition of the park had improved. It was also held that the implementation of the development.

Cases Cited