The Calcutta High Court has directed that the Bharatiya Railway P. Shramik Union (Eastern Railway) be permitted to organize Durga Puja on a demarcated portion of a railway-owned ground in the Sealdah division, effectively overturning an earlier order that had limited the venue exclusively to the Sealdah Railway Athletic Club. A Division Bench comprising Justice Shampa Sarkar and Justice Arjun Ray Mukherjee held that the withdrawal of the Union’s permission by the authorities was legally unsustainable, as it was done without providing an opportunity for a hearing or establishing a clear administrative justification. The court emphasized that religious celebrations of this nature are meant for the public at large, noting that the organizers serve merely as executors of these communal events.

Judicial Intervention on Festival Permissions

The dispute originated from the competing interests of two groups seeking to utilize the same railway land for the 2026 Durga Puja celebrations. The Bharatiya Railway P. Shramik Union, which had previously been granted permission to perform ‘Khuti Puja’—a ritual marking the beginning of the festival preparations—found its authorization abruptly revoked. This cancellation paved the way for a single-judge order on October 6, 2026, which restricted the ground's usage solely to the Sealdah Railway Athletic Club.

In reviewing the appeal, the High Court identified several procedural flaws in the way the authorities handled the conflict. Specifically, the court noted that the Union had already deposited the requisite fees for the use of the ground and had legitimately participated in the initial phase of the festival preparations. The sudden revocation of their rights, the court observed, was executed without a clear recording of the events that transpired during the Khuti Puja or a proper explanation of why only one group’s permission was targeted for administrative cancellation.

Public Nature of Religious Celebrations

Central to the court’s decision was the philosophy that the venue is a public space and the festival is a matter of public participation. In its ruling, the court explicitly stated, “Puja is not the private affair of the organizers, but it is for the citizens.” By underscoring this, the Bench clarified that organizers do not possess independent or vested rights over public land beyond those granted through official procedural compliance. This principle served as the bedrock for the court’s refusal to permit the exclusion of the Union, effectively rebalancing the access rights of both parties in a spirit of communal harmony.

Addressing the contention raised by the Athletic Club, which argued that it had been holding the festival at the location for many years, the court maintained that historical precedent did not entitle them to total control over the ground. However, the court did acknowledge the practical realities of the situation, particularly given that the Athletic Club had already commenced the construction of its pandal. Consequently, the High Court ruled that the Union would not be entitled to an equal share of the ground, instead ordering the Railway authorities to demarcate a specific area for the Union’s Puja to ensure the celebrations could coexist.

Administrative Failure and Due Process

The court’s scrutiny also turned toward the role of the Railway authorities. The Railways had submitted that a dispute between the two factions necessitated the cancellation of the Union's permission as an administrative measure to maintain order. However, the Division Bench found this rationale insufficient, stating that the decision-making process lacked transparency and fairness. The court pointedly asked why the Union’s permission was the only one rescinded if both groups were operating on the same premises, and why no opportunity was provided for the parties to resolve their grievances before the drastic step of cancellation was taken.

“The permission of the appellants was withdrawn, by citing administrative reasons, but without granting them any opportunity of hearing and without recording what transpired on the date of the ‘Khuti Puja’, which led the authority to take such decision,” the Bench observed. This lack of due process was a primary driver for the court’s decision to set aside the previous order and replace it with a more equitable arrangement.

Implementation and Oversight

To ensure the peaceful conduct of the festival, the court issued a series of binding directives. The Railway authorities were ordered to complete the demarcation of the ground within 24 hours, based on the specific proposals provided by the legal representatives of both parties. To prevent further litigation or disruptive behavior, the court explicitly instructed all participants to respect each other’s sentiments, emphasizing that the event is a public one and not a private contest for supremacy.

The High Court further mandated that both the police and the Railway authorities maintain a vigilant presence, providing the necessary logistical support to facilitate the smooth operation of both Pujas. In a move to prevent further judicial intervention, the court directed the advocates on record for both the Union and the Athletic Club to act as formal observers for the duration of the festival. These observers are tasked with ensuring that all parties cooperate with the Railway officials and refrain from raising frivolous objections that could hinder the celebrations.

Finally, the court clarified that this order is strictly limited to the 2026 Durga Puja and does not create any permanent equity or rights for either group in future years. The order serves as a temporary, pragmatic resolution to an immediate conflict, reinforcing the court's role in managing administrative disputes over the use of public assets. With the legal standoff resolved, both organizations are now required to act upon the server copy of the judgment and the communications of their respective advocates to finalize their arrangements for the upcoming festival.