The Calcutta High Court has stayed an earlier order granting police protection to a CPM book stall planned in Bongaon during Durga Puja and directed authorities to remove every unauthorised stall, regardless of the organisation operating it. The division bench said the law must be applied equally when temporary structures are erected on or beside public roads.
The order was passed by a division bench headed by Chief Justice Ravindra Vithalrao Ghuge after the state challenged a single-bench direction issued by Justice Saugata Bhattacharyya. The division bench also deferred a decision on whether the dispute should be heard by a judge dealing with land matters or by a judge considering police action. That jurisdictional question will be taken up after the Durga Puja vacation.
The dispute concerns book stalls put up near a Public Works Department road and on land controlled by the PWD. The CPM had approached the High Court after alleging that its workers were assaulted on October 6 while attempting to install their stall. The single judge had directed the police to examine whether other organisations had received permission and to take action if unauthorised stalls were found.
During Friday’s hearing, the state told the division bench that it would verify whether the Hindu Jagran Mancha had permission to erect its stall. The Chief Justice directed the Additional Advocate General to ensure that the police authorities investigate the matter and remove the stall if no permission had been sought and granted. The court subsequently made the direction broader by ordering the removal of all stalls lacking permission.
The bench also rejected the argument that permission was unnecessary because roadside book stalls had been allowed during Sharodotsav and Durga Puja for about 50 years. The court viewed the activity as commercial and said the same rules had to apply to all organisations. The division bench’s position followed the single judge’s earlier concern that allowing one organisation to occupy public space while denying another permission could create an unequal outcome.
The issue has brought the management of temporary structures on public land into focus. A roadside stall may be temporary, but its installation can affect pedestrian movement, traffic management, road safety and the authority of the agency responsible for the land. In this case, the court’s directions place the immediate responsibility on the state and police authorities to establish whether the required permissions were obtained from the PWD or another competent authority.
The CPM’s counsel, senior advocate Samim Ahmed, suggested that the organisation could use a table and umbrella instead of a stall to sell books. The state opposed that proposal. The court’s latest direction means that the question is not limited to the design or size of a particular structure, but whether the activity has the necessary permission and whether the rule is enforced consistently.
The division bench will consider the jurisdictional issue after the Durga Puja vacation. Until then, the earlier police-protection order remains stayed, while authorities are expected to verify permissions and remove unauthorised stalls in accordance with the court’s direction.
