Calcutta High Court (Appellete Side)
Ct. 13 Amitava Dutta vs State Of West Bengal & Ors on 19 August, 2020
Author: Shivakant Prasad
Bench: Shivakant Prasad
1
.2020 WP 6506 (W) of 2020
With
CAN 5199 of 2020
( Via Video Conference)
Ct. 13 Amitava Dutta vs. State of West Bengal & Ors.
Mr. Mayukh Mukherjee
..For the Petitioner.
Mr.
..For the Commissioner Municipal Corporation.
This is an application under Article 226 of the Constitution of India
wherein the petitioner being the Secretary of SALTLAKE MAITRI SANGHA
referred to as "said club"'registered as per Section 19 of West Bengal Socities
Registration Act who has preferred this application with a prayer for issuance of
Writ of various nature upon dispensing with requirement of Rule 26 framed
under Article 226 of the Constitution of India including writ of mandamus upon
the respondents authorities to accord all necessary permission for organizing this
year's Ganesh Puja by maintaining certain guidelines, whereby the petitioner informed the Commissioner Bidhan Nagar Municipal Corporation seeking permission for Ganesh Puja 2020 by the said club.
It is pointed out that after realizing the severity of the prevailing situation due to COVID-19, the said club has taken all the probable precautions and submits that the guidelines and norms issued by the Central and the State Government would be followed.
The guidelines as required to be maintained are as follows: - 2
1) All the guidelines and norms issued by the state and central government would be followed,
2) Social distancing will be maintained,
3) All the members participating in the Ganesh Puja are requested to wear masks,
4) Individual having no mask will be prohibited in the pandal,
5) 10-15 people will be only allowed at a time in pandal,
6) the Bhog prepared for the Deity will be made under the complete cleanliness and Hygiene.
It is pointed out that inspite of communication made to the police authority, permission has not yet been issued.
It would be apt to take note of the guidelines for phased reopening (Unlock
3) which provides for guidelines in respect to the activities to be permitted during Unlock period outside the Containment Zones. It is also pointed out that the area is not under the Containment Zone. The guidelines as issued by the Ministry of Home Affairs on 29th July 2020 in respect of the outside the Containment Zones are as follows:-
"In areas outside the Containment Zones, all activities will be permitted, except the following:
(i) Schools, colleges, educational and coaching institutions will remain closed till 31st August, 2020. Online/distance learning shall continue to be permitted and shall be encourages.3
(ii) Cinema halls, swimming pools, entertainment parks, theatres, bars, auditoriums, assembly halls and similar places. Yoga institutes and gymnasiums will be allowed to function from 5th August 2020 for which, Standard Operating Procedure (SOP) will be issued by the Ministry of Health & Family Welfare (MoHFW).
(iii) International air travel of passengers, except as permitted by MHA.
(iv) Metro Rail
(v) Social/political/sports/entertainment/academic/cultural/religious
functions and other large congregations.
Dates for restarting the above activities may be decided separately and necessary SOPs shall be issued for ensuring social distancing and to contain the spread of COVID-19."
Learned counsel appearing for the Commissioner Bidhannagar Municipal Corporation submits that permission has been issued in favour of the petitioner club at their end.
I do find that the letter of permission sent to the police authority does not bear the dated signature of the Secretary. Secondly, no receipt has been shown that such letter was at all communicated to the concerned police authority or to the officer-in-charge Bidhannagar P.S. Now, in order to tide over the situation, let a copy of this writ petition together with a copy of letter of permission be made over to the concerned police authority/respondents to consider the prayer for permission to organize Ganesh Puja 2020 on the basis of the guidelines given by the Ministry of Home Affairs 4 and also the guidelines of the State Government which must be communicated within 24 hrs and the police authority shall consider the permission within the guidelines above mentioned in this order and to decided instantly.
Accordingly, the writ application being W.P. 6506 (W) of 2020 along with CAN 5199 of 2020 are disposed of.
All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court.
( Shivakant Prasad, J. )