Subhas Bar v. State Of West Bengal And ORS.

21.06.2024 Sl. No.23 Suman Ct.No.15 WPA 16059 of 2024 Subhas Bar Vs.

The State of West Bengal and Ors.

Mr. Subir Sanyal Mr. Koustav Chandra Das Mr. Loknath Chatterjee Mr. Chandan Kumar Saha Ms. R. Bhattacharyya Mr. Sukanta Ghosh Ms. Sharda Sha Mr. Chandra Gupta Kamal ....for the petitioner Mr. Suman Ghosh, S.G.A.

Mr. Gourav Das ..for the State Mr. Srijan Nayak Ms. Manisha Nath ..for KMC The petitioner seeks permission to organise a blood donation camp inside Jatin Das Park, Kolkata 700025. The petitioner submits that they have been organising the blood donation camp at the same location since 1980 to commemorate the death anniversary of Shri Shyama Prasad Mukherjee. In fact, last year, a permission was granted by this Court to hold the event at the same location. The said order dated June 22, 2023, passed by a Co-ordinate Bench has been placed before this Court for consideration.

On behalf of the State, it has been submitted that on the last occasion, the blood donation programme was organised in a bus. This time, the organisers proposed to hold the programme on a stage. They also intend to set up a temporary camp. Such event requires a larger space. The proposed location is near to two hospitals. That apart, a number of hawkers have been settled inside the park. The proposed event is likely to disrupt their business operations. Considering the continuous vehicular movement in the area, the State and the Corporation do not consider the location to be an ideal to organise the blood donation camp.

This Court directed the State to propose an alternative location for organising the event. In response, the State has proposed that the blood donation camp be organized in front of the house of Shri Shyama Prasad Mukherjee at 77, Asutosh Mukherjee Road, Kolkata-700025. The State further submits that the organisers will be permitted to construct a 14 ft. wide stage on the 32 ft. wide road leaving 18 ft. for the vehicular movement. The State also assures that it will deploy adequate number of police personnel to ensure a smooth and hassle-free event. The organisers will also be permitted to use microphone in a responsible manner since there are two hospitals in the vicinity.

I am of the view that the proposal of the State is fair and reasonable. In that view of the aforesaid, I dispose of the writ petition permitting the petitioner to organise the blood donation camp from 8 a.m. to 4 p.m. at the location proposed by the State. The State as well as the Corporation shall render the necessary assistance to the petitioner as submitted before this Court.

Accordingly, WPA 16059 of 2024 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)