S.B. Sinha, J.

1. The question which arise for consideration in these two applications are as to whether any construction can be allowed in a Public Park.

2. The Salt Lake City which consisted of water bodies having a large area. Keeping in view the growing population it was considered necessary to turn into a Model Town. Subsequently named as 'Bidhannagar', the town stands at the extreme eastern end of Town of Calcutta having a total area of around 15 Square K.M. The Layout Plan of Bidhannagar City indicates that 35.10% of the total land would be open space, out of which 35.10% of the total land would be open space, out of which 23% had been earmarked for roads and the rest 12.10% for exclusive greenery, parks etc. The present estimated population is about 5 lakhs.

3. There are about parks in the said area and some green verges which act as lungs of the residence of the area. A piece of land had been leased out to the applicants for 999 years it is accepted that persons those who wanted allotments facing open spaces park were required to pay a premium and those who wanted land near green verges were required to pay a premium of 3% of the used charges. The Policy of the State