Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7785 OF 2011
(Arising out of S.L.P. (C) NO.9154 OF 2008)
State of West Bengal ... Appellant
Versus
Howrah Ganatantrik Nagarik Samity
& Ors. ... Respondents
O R D E R
A. K. PATNAIK, J.
Delay condoned. Leave granted.
2. This is an appeal against the order dated 28.09.2007
of the Division Bench of the Calcutta High Court in
Writ Petition No. 7987 (W) of 2002.
3. The facts very briefly are that during the British rule,
Victoria Memorial Hall was built in the memory of
Queen Victoria in Central Kolkata. After
independence, this monument continues to be known
for its beautiful architecture and green surroundings.
2
To the north of the Victoria Memorial Hall is a huge
stretch of land known as `the Maidan' which is covered
by green grass and interspersed with a large number of
trees, bushes and shrubs. At the end of about 2 kms.
of this greenery is the Esplanade where another
monument known as the `Sahid Minar' stands, and by
the side of the Sahid Minar is a bus terminus. To
protect and preserve the Victoria Memorial Hall and its
green surroundings, a public interest litigation (Writ
Petition No. 7987(W) of 2002) was filed in the Calcutta
High Court by the respondent nos. 1 to 5.
4. After hearing all concerned parties and considering
the concerned affidavits and counter-affidavits as well
as recommendations of expert bodies including the
National Environmental Engineering Research
Institute (for short `NEERI'), the High Court inter alia
directed in the impugned order that the bus terminus
at Esplanade be shifted to a distant place within six
months. Aggrieved by this direction in the impugned
order, the State of West Bengal is in appeal before us.
3
5. Learned counsel for the appellant submitted that the
High Court could not have issued directions to the
State Government to shift the bus terminus located at
Esplanade, which had been in existence for more than
six decades only on the recommendation of NEERI. He
submitted that lakhs of people every day arrive at and
depart from the bus terminus at Esplanade and this is
because the bus terminus is located in a central area
of Kolkata. He submitted that shifting of the bus
terminus from Esplanade will thus cause immense
inconvenience to the traveling public. He further
submitted that the bus terminus is situated 2 kms. to
the north of Victoria Memorial Hall and does not at all
damage this historic monument. The High Court,
therefore, was not right in thinking that for
preservation of the Victoria Memorial Hall, shifting of
the bus terminus was necessary.
6. The respondent no.2, who appeared in-person on
behalf of respondent no. 1, on the other hand, relied
on the recommendation of NEERI that the bus
terminus at Esplanade area should be shifted from the
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existing location. He submitted that the High Court
was, therefore, right in directing the shifting of the bus
terminus from Esplanade within six months. He
submitted that this is not a fit case in which this Court
should interfere with the impugned order of the High
Court.
7. We have considered the submissions made on behalf of
the appellant and the respondents and we find that
NEERI has suggested some long term measures for
preservation of the Victoria Memorial Hall in Para 5.2
of its report. The relevant portion of Para 5.2 of the
report of NEERI is quoted hereinbelow:
"5.2 LONG-TERM MEASURES
Diversion of Heavy Road Traffic on the Road
Encircling the VM Monument.
The pollution from auto exhaust is the most
important causative factor when the Victoria
Memorial protection from atmospheric
environment is considered. Therefore, the traffic
on roads around the VM should be minimum
particularly complete banning of heavy traffic.
Bus terminus at Esplanade Area (Commercial)
should also be shifted from the existing location."
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8. It will be clear from the recommendation of NEERI,
quoted above, that shifting of the bus terminus at
Esplanade area has been suggested by NEERI as a
long-term measure and not as an immediate measure.
A bus terminus, where lakhs of people arrive and
depart through different buses, if shifted immediately,
will cause a lot of inconvenience to the traveling
public. Moreover, before the bus terminus is shifted
from Esplanade, another suitable place has to be
found out to which the bus terminus can be shifted
and various conveniences have to be provided for the
traveling public at the new bus terminus. All this
cannot be done within a period of six months. The
High Court, therefore, was not justified in directing in
the impugned order that the bus terminus at
Esplanade be shifted within six months.
9. The recommendation of the NEERI, quoted above,
however, is emphatic that auto exhaust is the most
important causative factor polluting the atmospheric
environment around Victoria Memorial Hall. For this
reason, NEERI has recommended that the traffic on
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roads around the Victoria Memorial Hall should be
minimum and the bus terminus at Esplanade area
should be shifted from the existing location. Hence,
even though the bus terminus is located 2 kms. away
from Victoria Memorial Hall the auto-exhaust from a
large number of buses at the bus terminus would
pollute the atmospheric environment around the
Victoria Memorial Hall. In M.C. Mehta v. Union of India
& Ors. [(1997) 2 SCC 353], this Court has directed
relocation industries from Taj Trapezium Zone (TTZ)
for protection and preservation of the Taj Mahal in
Agra. The recommendation by NEERI that the bus
terminus should be shifted from Esplanade area as a
long-term measure to protect and preserve the Victoria
Memorial Hall, deserves serious consideration, not
only to preserve the monument but to de-congest the
city.
10. We accordingly modify the impugned order of the
High Court and direct the State Government to
consider and take appropriate action on the NEERI
report recommending relocation of the bus terminus
7
away from the Esplanade. The appeal is allowed to the
extent indicated above. No order as to costs.
.............................J.
(R. V. Raveendran)
.............................J.
(A. K. Patnaik)
New Delhi,
September 12, 2011.
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETTION (C) NOs.1135-1136 OF 2009
Friends of Victoria Memorial ... Petitioner
Versus
Howrah Ganatantrik Nagarik Samity
& Ors. ... Respondents
O R D E R
A. K. PATNAIK, J.
Delay condoned.
2. These Special Leave Petitions under Article 136 of the
Constitution are directed against the orders dated
28.09.2007 and 15.02.2008 of the Division Bench of
the Calcutta High Court in Writ Petition No.7987 (W) of
2002.
3. The facts very briefly are that during the British rule,
Victoria Memorial Hall was built in the memory of
Queen Victoria in Central Kolkata. After
independence, this monument continues to be known
for its beautiful architecture and green surroundings.
9
To the north of the Victoria Memorial Hall is a huge
stretch of land known as `the Maidan' which is covered
by green grass and interspersed with a large number of
trees, bushes and shrubs. To protect and preserve the
Victoria Memorial Hall and its green surroundings, a
public interest litigation (Writ Petition No. 7987(W) of
2002) was filed in the Calcutta High Court by the
respondent nos. 1 to 5.
4. After hearing all concerned parties and considering
the petitions, affidavits and counter affidavits and the
recommendations of expert bodies, the High Court,
inter alia, directed in the impugned order dated
28.09.2007 that parking of all cars around the
compound of the Victoria Memorial Hall shown as red-
marked portions in the annexed map and nearby areas
would be immediately prohibited and such prohibition
would continue for 24 hours every day including the
holidays. A group of persons describing itself as `the
Friends of Victoria Memorial' then filed an application
before the High Court for modification of the aforesaid
direction so as to permit morning walkers to park their
10
cars in the north and south zones of Victoria Memorial
Hall for two hours in the early morning. The High
Court, however, dismissed the application by the
impugned order dated 15.02.2008 saying that car
parking has only been prohibited around Victoria
Memorial Hall and persons desirous of morning walk
may go to the Maidan which was lying vacant and may
also walk by the side of Ganges or the Eden Garden
area and the area around the grounds of Mohun
Bagan, East Bengal and Mohammedan Sporting Clubs
where there was no restriction of parking the vehicles.
Aggrieved, the petitioner has filed these Special Leave
Petitions.
5. We have heard learned counsel for the parties and
we find from the recommendations of the Expert
Committee (annexed to the Special Leave Petitions as
Annexure P1) that a Committee of Experts has
observed that parking activities add to pollution load
around the Victoria Memorial Hall and have
accordingly recommended that the parking of vehicles
on all sides of the Victoria Memorial Hall compound
11
should be totally banned. The High Court appears to
have considered these recommendations of the Expert
Committee and directed in the impugned order dated
28.09.2007 that parking around the Victoria Memorial
Hall on the red-marked portions of the map would be
prohibited. The High Court has also indicated in the
impugned order dated 15.02.2008 that there were
many other places in Kolkata, such as Maidan, the
Eden Garden area and the area around the grounds of
Mohun Bagan, East Bengal and Mohammedan
Sporting Clubs as well as the area by the side of the
river Ganges where there was no restriction of parking
the vehicles. Those who want to walk and take their
cars to the place of their walk thus have sufficient
number of alternative places in Kolkata where they can
go for their morning walks.
6. We are, therefore, not inclined to interfere with the
impugned orders of the High Court and accordingly
dismiss the Special Leave Petitions with no order as to
costs.
12
.............................J.
(R. V. Raveendran)
.............................J.
(A. K. Patnaik)
New Delhi,
September 12, 2011.
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