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The Bench comprising Justices Bhaskar Bhattacharya and R N Banerjee also asked the Kolkata Police to take adequate steps for maintaining the Court’s order and directed it to refuse permission to those who violate the Court’s orders inspite of the undertaking.
In the Save Victoria case, the Calcutta High Court had ruled on September 28, 2007 that no open oven would be allowed in the Brigade Parade Ground. Besides, vehicles should not be parked within 3 km from the Victoria Memorial, ruled the High Court.
Environmentalist Subash Dutta had filed a petition in February 2008 complaining that open ovens were used in the Maidan during a rally on January 13 organised by the CPM. Buses and vehicles were parked in the Maidan area which were used to carry participants to the rally.
Following the petition, the state government said in its affidavit that the police could not reach the spot to stop cooking in open ovens owing to heavy rush on that day.
The state government also admitted that the police could not prevent the parking of buses and other vehicles in the Maidan. But the police had initiated cases against drivers of the 267 vehicles for violating the court’s order.
The Division Bench also asked the DC (Headquarters) of Kolkata Police to file an affidavit disclosing the status of cases initiated against the errant drivers.
After the order, Subash Dutta pointed out that the state government did not implement the scheme of synchronisation of traffic signal around Victoria Memorial in compliance with the September 2007 order.
The state government also failed to shift the bus terminus from the Shahid Minar in the Maidan within six months and the stipulated time had already expired in March, 2008.
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