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2017 Supreme(Cal) 59
IN THE HIGH COURT AT CALCUTTA
BISWANATH SOMADDER & SANKAR ACHARYYA, JJ.
Me 2 We Foundation & Anr. - Appellants
Versus
State of West Bengal & Ors. - Respondents
MAT 46 of 2017 with CAN 324 of 2017
Decided On : 12-01-2017
For the Appellants : Mr. Kishore Datta, Sr. Adv. Mr. Mainak Bose, Mr. Siddharth Sharma, Ms. Priyanka S. Tibrewal.
For the State : Mr. Supriyo Chattopadhyay, Mr. Sabyasachi Mondal.
For the Municipality : Mr. L.K. Gupta, Ld. AAG, Mr. Hiranmay Bhattacharyya, Mr. Saunak Bhattacharya.
For the Ministry of Railways : Mr. Anirban Datta.
The decision to withhold permission for an event must be based on rational grounds and not mere speculation.
Headnote:
Permission - Saansad Mela - West Bengal Municipal Corporation Act, 2006, Section 292, Section 293
Fact of the Case:
The appellants sought permission for holding a cultural program at the Divisional Railway Stadium. The Single Judge directed the Mayor to decide on the application. The Mayor denied permission citing concerns about crowd management and safety.
Finding of the Court:
The Court found that the Mayor's decision to withhold permission was unwarranted and based on mere speculation. The Court directed the appellants to hold the Mela at the designated location with restrictions on cultural programs and instructed the authorities to manage crowd and maintain law and order.
Issues: The issues revolved around the denial of permission for the cultural program citing concerns about crowd management, safety, and distribution of Aadhaar cards and tricycles.
Ratio Decidendi: The Mayor's apprehensions were deemed unwarranted, and the Court directed the appellants to hold the Mela with restrictions and instructed the authorities to manage crowd and maintain law and order.
Final Decision: The Court directed the appellants to hold the Mela at the designated location with restrictions on cultural programs and instructed the authorities to manage crowd and maintain law and order.
Biswanath Somadder, J.
1. Let the affidavit of service filed in Court today be taken on record.
2. Let the supplementary affidavit filed in Court today on behalf of the appellants be also taken on record.
3. By consent of the parties, the appeal is treated as on day’s list and taken up for consideration along with the application for stay.
4. The instant appeal arises out of an order dated 10th January, 2017, passed by the learned Single Judge in WP 563 (W) of 2017 (Me 2 We Foundation & Anr. vs. The State of West Bengal & Ors.). The appellants before us had approached the writ Court in respect of a communication made by the Asansol Municipal Corporation on 9th January, 2017, depicting several shortcomings/deficiencies in seeking permission for holding “Saansad Mela” at the Divisional Railway Stadium (Loco Ground), Asansol, District – Burdwan. The learned Single Judge, while examining the matter, took into consideration the contents of the letter dated 9th January, 2017, issued by Asansol Municipal Corporation indicating the several shortcomings/deficiencies in seeking permission for holding the Mela at the Loco Ground and came to a conclusion that the conditions imposed in the said letter needed to be revisited. The Court felt that it would be prudent if the Mayor himself took up the responsibility and decided the application filed by the writ petitioners seeking permission for holding the Mela at the Loco Ground. The learned Single Judge observed that since the Mela was scheduled to be held on and from 12th January, 2017, it was expected that the Mayor would take a final decision on 11th January, 2017 and communicate the same to the petitioners forthwith. The learned Single Judge also made the following observations :-
“It is expected that the Mayor would decide the application without being influenced by any extraneous factor and also bearing in mind that the same is intended for bringing the awareness amongst the citizen of the city.
Nothing in this order shall be construed to create influence in the mind of the Mayor who shall take independent decision nor the Mayor shall be swayed by the conditions imposed in the impugned notice dated 9th January, 2017.”
5. Against this order, the instant appeal has been preferred primarily on the ground that the learned Single Judge had failed to appreciate that the Saansad Mela organised by the appellants was in public interest with active participation of various Ministries and Departments of the Government of India and was scheduled to be inaugurated today. Another ground appears to be that the learned Single Judge had failed to appreciate that the Mela was scheduled to be held in the land owned by the Ministry of Railways and is a stadium located at Asansol, District – Burdwan. According to the appellants, the learned Single Judge also failed to appreciate that the Ministry of Railways, on 23rd December, 2016, had granted permission for holding such Mela at their ground upon payment of requisite fees and also failed to appreciate that for the purpose of conducting the programme, a formal permission was required from the concerned police authorities and accordingly application was also made before the Commissioner of Police, Asansol, District – Burdwan. Since the police authorities had sought for a “no objection certificate” from Asansol Municipal Corporation, the appellants-writ petitioners made a representation before the Mayor on 1st January, 2017, seeking information with regard to fees, if any, payable or any formalities required to be complied with. Certain other grounds appear to have been also spelt out in the Memorandum of Appeal which we need not advert to, since they are not relevant for the purpose of adjudication of the issue before us at the present moment. What is of consequence, however, is to take note of the fact that after filing of the appeal yesterday, the Mayor of Asansol Municipal Corporation – pursuant to the order passed by the learned Single Judge – arrive
