1. CALCUTTA a sprawling metropolis has grown from the days of Job Charnak right upto the modern era in most unplanned haphard fashion. This metropolis in the truest sense of the term has seen through the process of time a gigantic growth of population By reason of this influx small open spaces attached to dwelling units do not exist any longer Multi-storied building like gigantic demons loom large on the streets of Calcutta. Environmental pollution has also reached such a state necessitating governmental intervention. Cry for a open space and for a fresh air breath are there from every part of this metropolitan city.

2. IT is against this background that this writ petition was filed before this Court in an attempt to stop the work of construction of an underground market at the Satya Narayan Park situated in one of the most thickly populated areas of the city, though upon due authorisation from the Municipal Corporation of Calcutta. Apart from the plea that the authorisation to construct an underground market by the Municipal Authority is utterly illegal and without any statutory sanction, M. Sankar Das Banerjee, appearing in support of the petition, strenuously contended t