CALCUTTA YOUTH FRONT & ANR. versus STATE OF WEST BENGAL & ORS.

Citation: [1988] SUPP. 2 S.C.R. 1017 · Decided: 12-09-1988 · Supreme Court of India · Bench: A.P. SEN · Disposal: Dismissed

Judgment (excerpt)

CALCUTTA YOUTH FRONT & ANR. 
v. 
STATE OF WEST BENGAL & ORS. 
SEPTEMBER 12, 1988 
[A.P. SEN AND B.C. RAY, JJ.] 
Contempt of Courts Act, 1971-Court laid down terms and condi-
tions for constructing underground market at Calcutta-Applicants 
alleged violation of the terms-Court asked Single Judge of High Corm 
to submit a report-Single Judge found no violaiion~Court considered 
the report and found no violation of its order-Held no contempt of 
Court committed. 
Contempt of Courts Act-Attempts to move Court time and again 
alleging contempt of Court which is unfounded be deprecated. 
B 
c 
Th• applicants tiled a contempt petition under Contempt of O' 
Courts Act against the respondents (some high officers of the €alcutfa 
Municipal Corporation) and the lessees, respondent Nos. 13 and 14, 
who were given contract for construction alleging that they were guilty 
of contempt in that they had constructed the underground market in 
breach of the terms and conditions laid down by this Court in its order 
dated 18th August, 1987. The applicants submitted that the officers bad 
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permitted the lessees, to construct an underground air-conditioned 
market at Satyanarayan Park and that they bad connived and acquies-
ced· in permitting the l~ssees ~o construct four pucca structures of is feet 
in height above the road level 11artly convering. the surface of the park 
and covering a• major portio11, 0£ the· surface of the· Park. They alSo 
alleged that the construction· of the four storeyed· quarters (service 
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block) were also- in violation of the conditions. The respondents· con"-
troverted' tl\ese facts. The matter was referred to the Single Judge oftbe· 
High Court who had earlier heard the matter and whose decision had 
been confirmed by a Division Bench of the High Court and by this 
Court, to hold an enquiry as to whether there was a violation ·of the 
judgment and order passed by him: The Learned Single Judge person-
G 
ally visited the site and heard the parties. He submitted his report 
containing his visual impressions and holding that there was no viola~ 
tion of any directions given by him in his judgment and the questfon of 
committting any contempt of the judgment does not and cannot arise: 
· ' I' 
He left the question open for this Court to determine whether there· was 
any derivation from th-. conditions set~forth• lly the Division• Bendl'· H 
1017 
A 
B 
c 
D 
E 
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1018 
SUPREME COURT REPORTS 
[1988] Supp. 2 S.C.R. 
o.rder and by this Court, Rejecting the contentions of the applicants, 
aggreeing with the tin dings and reasoning of the Single Judge and dis-
missing the contempt application, this Court, 
HELD: There can be no doubt whatever that there is no breach 
either of the conditions laid down by this Court or the Division Bench of 
the High Court. The construction of the so called lofty structures over 
the staircase leading to the underground market, which we may call 
bunkers, as well as of the four storeyed building were in the architect's 
plan and were expressly permitted in the licence and formed part of the 
sanctioned plan. It was therefore present in the mind of all concerned 
including the Chief Municipal Architect and Town Planner as also of 
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the Administrator of the Municipal Corporation while planning the 
costruction of the underground air-conditioned market that these 
structures would be built up. As already stated, the construction of the 
bunkers over the three staircases was a matter of absolute necessity to 
make the central air-conditioning plant fully functional. As regards the 
four storeyed structure, the construction thereof does not constitute a 
breach of the conditions laid down. It has already been stated that the 
four storeyed structure is built to provide residential quarters to 
the staff and actually now it occupies much lesser space than before. 
In the premises, the allegation made by the applicants that the aforesaid 
structures cover a substantial portion of the surface of the park which 
cannot now be turned into a terrace garden with a lush green lawn, is 
fully unfounded. [1024G-H; 1025A-Cj 
· 
The Court cannot but deprecate the attempts made by the appli- / 
cants to move the High Court as well as this Court time and again on 
one pretext or another in a frantic effort to prevent the construction of 
the .underground air-conditioned market at Satyanarayan Park which 
is a part of the beautification scheme of the great Metropolitan City of 
r 
Calcutta by the 

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