Calcutta High Court
Howrah Ganatantrik Nagarik Samity And ... vs Union Of India (Uoi) And Ors. on 28 September, 2007
Equivalent citations: 2007(4)CHN781
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
JUDGMENT Bhaskar Bhattacharya, J.
1. In a pending Public Interest Litigation, filed by one Sri Subhas Dutta, for the better preservation of the Victoria Memorial Hall, Kolkata, the petitioner by filing a supplementary affidavit has drawn attention of this Court to some important aspects, which according to the writ petitioner, have not been adequately looked into by the Hall Committee in spite of the fact that in the past, this Court, from time to time, passed directions for implementation of the opinion of the committee of the experts appointed by the Court on those points.
2. In the supplementary affidavit, the petitioner has broadly drawn attention of this Court to the following aspects:
(A) Removal of the hawkers from the vicinity of the hall.
(B) Modernisation of the gallery.
(C) Environmental Management Plan.
(D) Parking of vehicles, traffic signals and stopping goods vehicle.
(E) Burning of dry leaves in the Victoria Memorial Hall area.
(F) Shifting of administrative office.
(G) Further construction within the Victoria Memorial Hall area.
3. On the question of burning of dry leaves and removal of hawkers, this Court has already passed direction upon the Commissioner of Police, Kolkata, to see that no person is permitted to hawk with a distance of 50 meters from the Victoria Memorial Hall ("VMH") area and that no dry leave is allowed to be burnt within 3 kms. from that area.
4. On the other questions mentioned above, we have heard all the concerned parties after giving them adequate opportunities of filing affidavits and counter-affidavits and we propose to deal with those questions.
5. It appears from the record that this Court has appointed a committee consisting of various experts for the better preservation of the VMH and the Committee had submitted its report and in such report, the Committee suggested formation of a special committee who would advise the VMH from time to time regarding conservation and restoration of the heritage building. It further appears from the record that the VMH has sought for the assistance of the National Environmental Engineering Research Institute ("NEERI") and NEERI, in the meantime, has submitted its detailed report on the Environment Management Plan. Such report has been placed before us by the VMH in course of hearing.
6. After going through those reports, we find that the experts, in no uncertain terms, have opined that the pollution from auto exhaust is the most important causative factor in protecting the monument from the atmospheric environment hazards. The presence of CO, CO2, SO2, NOx, etc., when those substances come in contact with the moistures in the atmosphere, form different types of acids which are perilous to the marbles. The experts have recommended that the traffic on the roads around the VMH should be minimal with complete ban on heavy vehicles. It has even suggested that the bus terminus at Esplanade area should also be shifted from the existing location. The NEERI has further opined that since the VMH is located amidst bustling urban areas with busy roads running all around its periphery, traffic congestion and long detention of vehicles at traffic signals at raodways intersection increase vehicular emissions and consequently, synchronized auto traffic signal system should be provided at all the intersections around the VMH for better and smooth flow of vehicles with minimum detention period.
7. We fully agree with the views expressed by the experts in the fields, and therefore, direct the Commissioner of Police, Kolkata to introduce synchronized auto traffic signal system (if necessary, for the time being, auto-manual system, so long the timing is not wholly adjusted) in the portions of the roads indicated with red marks in the map annexed to this order so that there is no stoppage of any vehicle on those portions of the roads due to traffic signals except in case of extreme emergency.
8. However, as the red-marked area is a busy area of the city, we are not asking the police authority to introduce the synchronized auto traffic signal system in the entire red-marked area immediately. The police authority is given discretion to implement the system part by part on experimental basis in those areas with the object of avoiding any consequential traffic congestion in other adjoining areas. Similarly, for effective implementation of the system, if the police authority thinks that any additional adjoining area should also be brought within the said system, it is free to do so if it appears to be convenient. To begin with, the police authority is also free to introduce the system for limited hours of the day. The above experiment should commence within a week.
9. Prohibition of parking of all cars on those red-marked portions as indicated in the annexed map should be immediately imposed and such prohibition should continue for 24 hours a day including the holidays. Relaxation to this prohibition of parking may be given only to the high foreign dignitaries or on special ceremonial occasion.
10. The aforesaid arrangements of synchronized auto traffic signal system and the restriction of parking are imposed by way of experimental measures and in case of any problem arising out of introduction of such system and imposition of restriction, the Same will be sorted out on being mentioned before this Court. We are conscious that a very busy hospital is situated in that locally and therefore, it is needless to mention that the police authority will be at liberty to give exemption to the patients approaching the hospital in emergency from the restriction of the synchronized auto traffic signal system.
11. We also accept the recommendation of the experts that the bus terminus at the Esplanade area be shifted to a distant place; to implement the proposal of shifting of bus terminus in its entirety, we limit the time to six months from today. We also impose a total ban of heavy vehicles except public transport vehicles carrying passengers on all the immediate adjoining roads of VMH with the expiry of one week from today.
12. All the hotels and the restaurants situated within three kilometres from that there are directed to use cleaner fuels, such as LPG as suggested by the NEERI and the police authority is directed to see that within the distance of three kilometres from the VMH, there is no open oven on the pavements. Burning of leaves having already been prohibited, no fresh direction is necessary.
13. We accept recommendation of the committee appointed by this Court that there will be total ban of establishing new industrial units and expansion of the existing industries within 10 kms. from the VMH with this modification that such restriction should be imposed in respect of those industries which emit CO2, SO3, NOX or other gaseous substance which forms acids in contact with moistures in the atmospheres.
14. In this connection, we direct the VMH to immediately start the development of green belt in the area in the following manner as suggested by the NEERI:
(a) Starting edge of the green belt should be by the side of the roads facing VMH.
(b) The first 2-3 rows of tall shrubby species up to 5 meters tall followed by tall trees of 10-15 meters height with thick canopy.
(c) Tall trees should be planted in alternating rows to check the further horizontal dispersion through fanning effect.
15. We also accept the recommendation of the NEERI that the VMH should immediately start harvesting of rainwater in a properly designed water-holding structure avoiding the seepage/percolation into the ground water. It should also take necessary action for improved management of water bodies and restrict all activities, which may cause legal growth and accordingly, will regularly monitor the biological water quality. Regarding extraction of underground water within the VMH premises, since the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005, has already come into operation, the VMH will strictly follow the provisions contained in the said
16. We, for the time being, do not impose any restriction on the morning-walkers holding tickets for that purpose nor do we feel the necessity of increasing the price of the tickets having regards to the price maintained by different authorities in this country maintaining this type of monuments. However, no visitors should be permitted to enter the VMH premises with any water bottle or plastic bag etc. which cause environmental pollution without depositing security of Rs. 100/- for each of such articles and the security amount will be refunded to them only at the time of exit provided the articles for which such security was given are shown to the gate-keeper indicating that those had not been left over within the VMH compound. The employees of the VMH authority would be free to realise spot-fines as per earlier order dated August 10, 2004 passed by this Court from the visitors for doing any act disturbing ecological balance as mentioned therein inside the VMH and to default of payment of fine, they would be handed over to the police for taking appropriate step for violation of such restriction.
17. For the purpose of protection of the VMH marbles from aging, we direct the VMH authority to take the following steps:
As it is not possible to alter or change the general design of the monument to eliminate places for accumulation of water and organic debris that provide a variable moist environment for biological growth, measures, such as, the repairs of the roofs, gutters and other water-shedding systems, improvement of drainage system and installation of damp proofing to control rising damp and drying the stone masonry should continue with the suggestion of the experts. As higher plants generally grow in the cracks, cavities and crevices are already found, frequent vigilant inspections and timely curative measures, such as, repairing of open joints and sealing of cracks should be taken. As installation of narrow flashing strips of thin-gauge copper has been shown to have a long-term inhibiting effect on the biological growth on stonewalls as recognised by the experts, such measure as suggested by the NEERI in paragraph 7.4 of its report be taken.
18. We, however, do not approve the suggestion of the experts appointed by this Court to find out the feasibility of building any visitor's centre and exhibition area in a separate building to be constructed within the VMH compound. Such an idea is contrary to the concept of protection of historical monuments. For better utilisation of the space for modernisation of gallery, the existing administrative office may be removed to some other place and that space can be utilised for the extension of the gallery but in no circumstances can we approve the idea of making any new construction within the VMH compound for the above purpose.
19. Parties are at liberty to pray for further direction in case they face any difficulties in implementing the directions contained in this order or any direction previously given by this Court in this litigation.
20. Let a plain copy of this order countersigned by the Assistant Registrar (Court) be handed over to the petitioner, the learned Advocate for the Kolkata Police Authorities as well as of the VMH for its implementation.
Rudrendra Nath Banerjee, J.
21. I agree.