Civil Miscellaneous Petitions Nos
34114 15 of 1987 in SLP Nos
5678 79 of 1987
From the Judgment and Order dated 1881987 of this Hon ble Court in SLP Nos
5678 79 of 1987
Shanti Bhushan GL Sanghi and SR Srivastava for the Petitioners
PG NO 1019 Somnath Chatterjee Tapas Ray AK Mitra BP Singh Mrs Pratibha Jain SK Jain JR Dass and DK Sinha for the Respondents
The following Order of the Court was delivered by SEN J By these applications the applicants Calcutta Youth Front and its President Hridayanand Gupta pray for committing for contempt respondents Nos
3 9 under the  namely 1
Kamal Basu Mayor  Administrator Calcutta Municipal Corporation 2
RK Prasannan Municipal Commissioner 3
BC Mitra Municipal Engineer in Chief 4
BK Roy Deputy Municipal Commissioner Sr  5
Sarkar Chief Municipal Architect  Town Planner 6
AK Goswami District Engineer 7
Dr SK Chowdhury Chief Municipal Health Officer as well as the lessees respondents Nos 13 and 14 Jugal Kishore Kajaria in his individual capacity as well as as Director Messrs Happy Homes  Hotels Private Limited
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 Court in its order dated August 18 1987 in SLPs 5678 7987 See JT permitted the lessees Messrs Happy Homes  Hotels Pvt Ltd to construct an underground airconditioned market at Satyanarayan Park and that they had connived and acquiesced in permitting the lessees to construct four pucca structures 15 feet in height above the road level partly covering the surface of the Park and covering a major portion of the surface of the Park
It is alleged that the said constructions constitute gross and deliberate violation of the undertaking of the respondent No 13 in his supplementary affidavit dated July 25 1987 and the terms of the Court s order dated October 18 987
Applicant No 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 no construction on the park the underground market would be under the park and not over the park
The only difference is that the park would be re located at a height of 6 feet above the road level easily accessible by three separate staircases
Under the scheme Satyanarayan Park would become a real park with a lush green garden with tall trees
shrubs etc
and a centre for relaxation of the thickly congested Burrabazar locality and in particular for the children as a playground
 PG NO 1020 It was alleged that the assertion of the contemnors before this Court as was before the High Court was that tali trees andor 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
This according to the applicants was nothing but a hoax
The applicants allege that the aforesaid respondents have committed deliberate violation of the terms and conditions of this Court s order by permitting the lessees to construct the aforesaid pucca structures of lofty heights which apart from the four storeyed building cover 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
as a place of relaxation and therefore liable to be committed for contempt
They in the meanwhile pray that respondents Nos 13 and 14 the lessees be restrained from subletting the underground air conditioned park to anyone in the greater public interest
These allegations were controverted by the counter 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 Nos 13 and 14
The applicants filed rejoinders to these counter affidavits
Having carefully gone through the applications for contempt the counter affidavit of respondents Nos 13 and 14 and that filed on behalf of the Municipal Corporation and having regard to the fact that the allegations made in the applications involve controverted 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 Court and directed him to forward his findings by the second week of July 1988 that direction of ours was not to be construed as meaning that there was a breach of the terms and conditions laid down in the judgment
It was further directed that the High Court shall not during the pendency of the enquiry pass any interim order which would tend to obstruct or delay the completion of the construction work of the underground airconditioned market
In compliance therewith Shri Justice Umesh Chandra Banerjee has submitted his report holding that there was no violation of his judgment
The learned Single Judge not only heard the parties but also took the trouble of personally visiting the park and note his observations on personal inspection
In the report the learned Judge records his visual impression in the following words PG NO 1021 Two open staircases have been provided for an entry onto the park apart from the three other covered entrances which would facilitate entry onto both the Air Conditioned Market as well as to the park
The covered entrances are more or less at a height of about 15  ft
There are three other units for Air Handling Plants which are also more or less at a height of about 15  ft
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 cooling tanks
The 4 storied building admittedly has been constructed in place and stead of a one storied building which was existing prior to the licensing agreement and popularly known as Service Block
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 Judge then goes on to add On a close look at the entire nature of construction it cannot be said that the area looks totally green with some trees on one side
shrubs and other small trees all around
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
Tall trees have already been re planted
The entire area in question would have a different look
The sceptics might say that this is too much to expect but optimism prompts judicial conscience to allow such a project so that prospect of having such an area in the heart of a commercial centre in the city of Calcutta is not ruled out
 The learned Judge expresses satisfaction that his expectations for beautification of the Metropolitan City of Calcutta were not belied in these words It seems that the judicial optimism has paid a rich dividend in this particular case and the entire area in fact is having a decent and sophisticated look
There was not a blade of grass on the park prior to the licensing agreement
PG NO 1022 But now a lush green lawn is visible and the place in fact has turned out to be a place for recreation of tax payers place for recreation for the children of the locality and a place to wither away the time for the old and aged people
 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 now turned out to be a beauty spot in a thickly congested area like Burrabazar
It shows that all the work of construction including the covered staircases together with the open staircase including the four storeyed service block  is complete
The photograph depicts the state of affairs as to the shape size and dimensions of these structures and gives an overall view of the proposed park atop the underground air conditioned market at Satyanarayan Park
The learned Single Judge accordingly records a finding that by the raising of these constructions question of committing any contempt of his judgment does not and cannot arise
We find no justification to come to any different conclusion
At the hearing Shri Shanti Bhushan
learned counsel appearing for the applicants was gracious enough to accept that the re location of the park at a height of 8 feet above the road level instead of 6 feet is not a matter of moment because a few inches more or less here or there is hardly of any significance
He however confined his submissions to two aspects
namely i the raising of the lofty structures over the staircase leading to the underground airconditioned market constitutes a breach of the conditions laid down
and ii the construction of a four storeyed building covering an area of the park is a flagrant violation of the Court s order
We are afraid
the contention cannot be accepted
The so called lofty structures which we may call bunkers are nothing but the covered space over the staircases from three directions leading to the underground market
The learned counsel perhaps is not right in assuming that the staircases go upwards
Actually
the staircases provide an approach to the public to the undergroud airconditioned market and they go downwards
The staircases would not possibly be kept open and exposed to the sky having regard to the fact that the underground market is centrally airconditioned
We can take judicial notice of the tact that the central air conditioning plant would not be functional unless there were these bunkers constructed over the staircases
That is how the staircases are covered at the Palika Bazar in New Delhi
Furthermore the bunkers have been constructed according to the architect s plan duly sanctioned by the Municipal corporation
PG NO 1023 Shri Somnath Chatterjee learned counsel for respondents Nos 13 and 14 rightly draws our attention to the finding of the learned Single Judge indicating that the four storeyed building has been constructed to locate the staff quarters
Since the underground market is fully air conditioned it is essential that the maintenance staff should be located in the park itself
Originally there was a single storeyed building covering an area of 150 square metres
The newly constructed four storeyed building now covers only 72 square metres ie practically half the area earlier occupied
The learned Single Judge has also pointed out that in cl
3 of the agreement it has been mentioned that the existing fittings and accessories and structures will have to be dismantled and the dismantled materials will be the property of the Municipal Corporation
4 provides that prior to the aforesaid demolition of the existing staff quarters and other infra structures like pump room etc
which are in use alternative arrangement shall have to be made by the licensee for re location of staff quarters and other infra structures elsewhere which are necessary for maintaining the existing service during the construction period and then finally to rehabilitate them in the premises by the licensee
The agreement further provides that the cost of temporary re location and final rehabilitation shall be borne by the licensee
The learned counsel pointed out that Shri Justice Umesh Chandra Banerjee in his judgment has also made a mention of overhead water tanks
It has been recorded therein as follows In any event
the scheme has been approved by the West Bengal Fire Service since adequate provisions have been made for supply of water in case of necessity
55000 gallons of water will be available at the park once the scheme is implemented
Apart therefrom a further 38000 gallons of water will be available at the Lily Pool and 17000 gallons of water at the overhead water tanks In the premises my judgment records therefore a that there be some structures atop the underground market and b that there would also be overhead tanks with the storage facility of about 17000 gallons of water
Question of there being an overhead tank would not arise unless there are constructions atop the underground market
PG NO 1024 The other aspect of the matter which ought also to be noticed is that the licensing agreement itself provides for approval of the drawing and design by the licensor and in fact drawings and designs as appears from the records were approved and constructions were effected as per the plan sanctioned by the Calcutta Municipal Corporation in accordance with the Building Rules
There is no dispute as to the factum of such a construction being made in accordance with the sanctioned plan Shri Chatterjee further drew our attention to paragraph of the judgment delivered by the Division Bench wherein it has been stated After demolishing the old structures the trust had laid a public park commonly known as Satyanarayan Park having approximately an area of 20000 sq
The Calcutta Improvement Trust had made over the said park to the Calcutta Corporation now known as Calcutta 
Municipal Corporation The Corporation for short for the purpose of maintenance at its own cost
This fact also finds mention in the order delivered by this court
It would appear that the area of the said park initially was about 28 cottahs corresponding to 20000 square feet
In the licence it appears that the area mentioned in 2500 square metres equivalent to 26900 square feet
As such
by no stretch of imagination can it he asserted that a substantial portion of the park has been covered by encroachment and the statement that there cannot be a park or a terrace garden as visualised by this Court s order runs counter to the existing stale of affairs
To sum up
the learned Single judge very rightly and properly addressed himself to the question whether there was a breach of the terms and conditions laid down in his Judgment
leaving the question open for this Court to determine whether there was any deviation from the conditions set forth by the Division Bench or by this Court in appeal
We fully concur with the finding and reasoning of the learned Single Judge as also his approach There can be no doubt whatever that there is no breach either of the conditions laid down by this Court or the Division Bench of the High Court
The construction of the hunkers over the there staircases leading to the underground airconditioned market as well as of the four storeyed building were in the architect s plan and were expressly permitted in the licence and formed part of the sanctioned plan
It was therefore present in the mind of all concerned including the Chief Municipal Architect  Town PG NO 1025 Planner as also of the Administrator of the Municipal Corporation while planning th construction of the underground airconditioned market that these structures would be built up
As already stated the construction of the bunkers over the three staircases was a matter of absolute necessity to make the central airconditioning plant fully functional
That is how a fully underground airconditioned market can be conceived as has been done in the Palika Bazar in Connaught Place New Delhi
As regards the four storeyed structure the construction thereof does not constitute breach of the conditions laid down
It has already been stated that the four storeyed structure is built to provide residential quarters to the staff and actually now it occupies much lesser space than before
In the premises the allegation made by the applicant that the aforesaid structures cover a substantial portion of the surface of the park which cannot now be turned into a terrace garden with a lush green lawnis wholly unfounded
We have already mentioned that the area of land covered by structures acquired by the Calcutta Improvement trust for laying of a park in the Burrabazar area was 20000 square feet whereas the area of the park in question as mentioned in the licence is 26900 square feet
These peripheral structures now built are therefore well outside the area of the Satyanarayan Park proper
The applications for contempt must therefore fail and are dismissed with costs
We cannot but deprecate the attempts made by the applicants to move the High Court as well as this Court time and again on one pretext or another in a frantic effort to prevent the construction of the underground airconditioned market at Satyanarayan Park which is a part of the beautification scheme of the great metropolitan city of Calcutta by the State Government of West Bengal where a party in opposition is in power to provide civic amenities to the citizens
It is fortunate that these attempts by the making of false and vexatious applications to hold up the construction of the underground airconditioned market the estimated cost of which is about Rs 450 crores have been frustrated and what was conceived of a development scheme has come to reality
The work of construction is nearing completion as is evident from the photograph annexed to the report of the learned Single Judge and we hope and trust that the underground airconditioned market would be commissioned in the near future and the terrace garden over the market will provide to the amenities to the people living in the locality as a place for recreation besides playground for the children
HSK Petitions Dismissed


Summary:
The Respondents in 1968 obtained grant from Bhoodan Yagna Samiti under section 14 of the UP Bhoodan Yagna Act of various plots of land situated in a village in Kanpur
On the basis of a report submitted by the Tehsildar concerned in 1972 the Additional Collector issued notices to the respondents under the Act requiring them to show cause as to why the settlement obtained by them should not be cancelled on the grounds that they did not reside in the village where the plots are situated that they did not fall under the category of landless persons and that the grants had not been approved by the Government
After considering the objections filed by the respondents the Additional Collector quashed all the grants made in favour of the respondents
Against the order of the Additional Collector the respondents filed writ petitions in the High Court
The High Court held that the respondents were covered by the definition landless persons as they had no land in that village and the district though they may be traders and paying income tax and may have properties in the city of Kanpur and quashed the order passed by the Additional Collector and maintained the grants in favour of the respondents
These appeals are against the said order of the High Court
On behalf of the appellant it was contended that the expression landless person has to be interpreted in the background of the law and the philosophy behind the movement which was the basis of the enactment of the law
Allowing these appeals
HELD 11 It is now well settled that in order to interpret a law one must understand the background and the purpose for which the law was enacted
If one has bothered PG NO 859 PG NO 860 to understand the common phrase used in the Bhoodan Movement as Bhoomihin Kissan which has been translated into English to mean landless persons there would have been no difficulty
868F G 12 At the time when Acharya Vinoba Bhave started his movement of Bhoodan Yagna our rural society had a peculiar diversity
There were some who owned or had leasehold rights in vast tracks of agricultural lands
And there were those who were working as labourers in the fields and depending on what little they got from their masters
Sometimes they were even bound down to their masters and therefore had to lead a miserable life
It was this problem in rural India which attracted the attention of Acharya Vinoba Bhave followed by Shri Jaya Prakash Narain and they secured large donations of land from big land holders and the scheme of the Bhoodan Yagna movement was to distribute this land to those Bhoomihin Kissan who were living on agriculture but had no land of their own
It was to make this effective and statutory that this law was enacted and in this context it is clear that if one had noticed even the slogan of the Acharya Vinoba Bhave s movement or its basis and the purpose it would have clearly indicated the problem which was to be remedied by this enactment and if this was looked into for the purpose of interpretation of the term landless persons no Court could have come to the conclusion which has been arrived at in the instant case
866C F 2
Section 15 provides that all grants shall be made so far as may be in accordance with the scheme of the Bhoodan Yagna
It could not be disputed that Bhoodan Yagna scheme only contemplated allotment of lands in favour of those landless agricultural labourers who were residing in the villages concerned and whose source of livelihood was agriculture
In that context only the expression landless person could be understood as contemplated under section 14
section 14 was amended in 1975 to substitute the words landless agricultural labourers in place of landless persons  The objects and reasons contained in the Amendment Bill clearly go to show that it was because of such errors committed that it became necessary to make this amendment
864G H 865A B Lord dennings s The Discipline of law  pp
10 12 andVinoba and His Mission by Suresh Ram referred to