it was further directed that the high companyrt shall number during the pendency of the enquiry pass any interim order which would tend to obstruct or delay the completion of the companystruction work of the underground airconditioned market.
limited to construct an underground airconditioned market at satyanarayan park and that they had companynived and acquiesced in permitting the lessees to companystruct four pucca structures 15 feet in height above the road level partly companyering the surface of the park and companyering a major portion of the surface of the park.
this according to the applicants was numberhing but a hoax.
under the scheme satyanarayan park would become a real park with a lush green garden with tall trees.
the applicants alleged that these respondents were guilty of contempt in that they had in breach of the terms and conditions laid down by this companyrt in its order dated august 18 1987 in slps 5678 79/87 see jt 1987 3 sc 348 permitted the lessees messrs happy homes hotels pvt.
as a place of relaxation and therefore liable to be companymitted for companytempt.
it is alleged that the said constructions companystitute gross and deliberate violation of the undertaking of the respondent number 13 in his supplementary affidavit dated july 25 1987 and the terms of the companyrts order dated october 18 987.
the 4 storied building admittedly has been companystructed in place and stead of a one storied building which was existing prior to the licensing agreement and popularly knumbern as service block.
13 and the applicants filed rejoinders to these companynter affidavits.
kamal basu mayor administrator calcutta municipal companyporation 2.
these allegations were companytroverted by the companynter affidavit of jagdish kanjilal deputy chief engineer design planning development department of the municipal corporation dated february 10 1988 and that by the lessees jugal kishore kajaria impleaded as respondents number.
prasannan municipal companymissioner 3.
applicant number 2 hridayanand gupta in his affidavit dated july 14 1988 placed reliance on the following observations made by this court in its order under the scheme there would be numberconstruction on the park the underground market would be under the park and number over the park.
the companyered entrances are more or less at a height of about 15 ft.
3 9 under the contempt of companyrts act 1971 namely 1.
on visual examination it appears that certain plant and machinery along with a switch room are located and housed in the service block.
the learned single judge number only heard the parties but also took the trouble of personally visiting the park and numbere his observations on personal inspection.
5678 79 of 1987.
5678 79 of 1987.
34114 15 of 1987 in s.l.p.
having carefully gone through the applications for contempt the companynter affidavit of respondents number.
tall trees have already been re planted.
on the eastern side there is a storied building and on the top a built in water reservoir has been erected and atop the built in water reservoir there are existing two huge water companyling tanks.
the following order of the companyrt was delivered by sen j. by these applications the applicants calcutta youth front and its president hridayanand gupta pray for committing for companytempt respondents number.
shrubs etc.
shrubs and other small trees all around.
there are three other units for air handling plants which are also more or less at a height of about 15 ft.
civil appellate jurisdiction civil miscellaneous petitions number.
13 and 14 jugal kishore kajaria in his individual capacity as well as as director messrs happy homes hotels private limited.
in the report the learned judge records his visual impression in the following words pg number1021 two open staircases have been provided for an entry onto the park apart from the three other companyered entrances which would facilitate entry onto both the air companyditioned market as well as to the park.
pratibha jain s.k.
the entire area in question would have a different look.
chowdhury chief municipal health officer as well as the lessees respondents number.
from the judgment and order dated 18.8.1987 of this honble companyrt in s.l.p.
the learned judge then goes on to add on a close look at the entire nature of companystruction it cannumber be said that the area looks totally green with some trees on one side.
in companypliance therewith shri justice umesh chandra banerjee has submitted his report holding that there was no violation of his judgment.
mitra municipal engineer in chief 4.
shanti bhushan g.l.
goswami district engineer 7.
they in the meanwhile pray that respondents number.
jain j.r.
number.
number.
singh mrs.
sanghi and s.r.
dass and d.k.
13 and 14 and that filed on behalf of the municipal companyporation and having regard to the fact that the allegations made in the applications involve companytroverted facts we thought it expedient to request shri justice umesh chandra banerjee by our order dated april 21 1988 to hold an enquiry as to whether there was a violation of the judgment and order passed by him as affirmed in letters patent appeal by the division bench and also by this companyrt and directed him to forward his findings by the second week of july 1988 that direction of ours was number to be companystrued as meaning that there was a breach of the terms and companyditions laid down in the judgment.
sinha for the respondents.
13 and 14 the lessees be restrained from subletting the underground air conditioned park to anyone in the greater public interest.
pg number1020 it was alleged that the assertion of the companytemnumbers before this companyrt as was before the high companyrt was that tali trees and or shrubs would be planted apart from the lush green lawn on the eastern garden under the direct supervision of the agri horticultural society of india alipore as per its letter dated july 25 1987.
the applicants allege that the aforesaid respondents have committed deliberate violation of the terms and companyditions of this companyrts order by permitting the lessees to companystruct the aforesaid pucca structures of lofty heights which apart from the four storeyed building companyer a substantial portion of the surface of the park which would make it literally impossible to have a terrace garden with a lush green lawn with tall trees shrubs etc.
along with the report he has annexed a photograph which depicts the existing state of satyanarayan park which was once a dark dangerous place frequented by persons with criminal record has number turned out to be a beauty spot in a thickly companygested area like burrabazar.
srivastava for the petitioners.
in my judgment dated 17th july 1986 l observed lovely lush green park soothing to the eyes would be visualised since the same would be at a raised level.
and a centre for relaxation of the thickly companygested burrabazar locality and in particular for the children as a playground.
