While the Army owns the ground, the Kolkata Police and Public Works Department (PWD) are authorised to maintain it.

If Army regains full control of the ground, political parties, before organising any rallies, will have to take permission from the Army, which is in no mood to oblige.

The case will come up for hearing next month.

The Army, in its petition, alleged that the Kolkata Police and PWD have failed to preserve and maintain the Brigade, which has been seriously damaged on various occasions. It also said it wants the ground back for proper maintenance.

On September 28, 2007, the Calcutta High Court had banned the burning of leaves and use of open ovens and parking of vehicles within three kilometers radius of Victoria Memorial to save the heritage building.

The order, which came on a PIL moved by environmentalist Subash Dutta, also directed the Victoria Memorial authorities to develop a green belt surrounding the historical structure. The high court had also said an organisation would be allowed to hold a rally at Brigade only after giving an undertaking to the Commissioner of Kolkata Police that it would not violate the conditions like burning of leaves and cooking ion the ground.

After hearing a petition filed by Dutta, the High Court had held on July 31, 2009 that the court’s order had been violated during the rally on December 20, 2008 organised by the DYFI, youth wing of the CPM. The Left Front had held a rally at Brigade on February 8, 2009 which has come under the scanner of the high court and the case is still pending.

The High Court had directed the PWD to improve the ground’s maintenance within a specific period and ordered a periodic review of the standard of maintenance to be conducted jointly by representatives of PWD, Kolkata Police and Army.

The affidavit said the PWD is to be directed to consider the suggestion put forward by Military Authority from time to time.