The stay order passed by Calcutta High Court on the development of a cricket ground and coaching centre within Rabindra Sarobar may put a spanner in the operations of several similar coaching centres running from the same premises.
A senior official of the Kolkata Metropolitan Development Authority (KMDA), the agency whose authority of renting out land within the Lake area has been questioned in the petition, expressed the apprehension.
The high court order was issued by the court in response to a petition filed by green platform Sabuj Mancha, where it challenged the legal validity and environmental propriety of KMDA renting out about 98 cottahs, about 1.6 acres, to Calcutta Entertainment Club Foundation (CECF). The entertainment company led by a few film celebrities intends to set up a ground for playing cricket, ostensibly by showbiz personnel.
The foundation, which took control of the space recently and started to develop the ground before the court put an embargo till July 25 when the case would be next heard, claimed that the set-up would also be used to impart free coaching to underprivileged talented youths from all over the state.
According to KMDA, at least six other such cricket and other coaching camps have been functioning in the lake compound on rental basis since the early-1990s, covering around 9.2 acres, including the latest one. It amounts for nearly 8 per cent of the total land area of 119 acres in the lake. Overall, the lake spans over 192 acres, including 73 acres of waterbody. “A recent land measurement shows that few of the coaching camps are occupying more land than they had been originally allotted. We will soon take up the issue with them,” said a KMDA official.
Public largesse cannot be given away on a whim: High court
The order, issued on July 4 by a division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya in response to a petition filed by environment platform Sabuj Mancha, raised questions about the “public largesse” being doled out in the name of renting out land within Rabindra Sarobar for such activities.
The ‘tell-all’ banner undersigned by the Kolkata Metropolitan Development Authority.
“We, prima facie, observe that public largesse cannot be given away on the whims and fancies of the executive and there should be wide publicity, if at all. The decision to give such a property to a private entity is sustainable,” wrote the bench in its order, referring the renting out of around 5 bighas of land by KMDA to CECF for organising celebrity cricket, and directed “physical features of the property shall not be altered” till the case is heard on July 25.
“It is submitted that both the allocation of land by the respondents numbers 1 and 2 (chairman and chief executive officer of KMDA respectively) and the exercise of power to alter the nature of the land … by the private respondent are arbitrary and devoid of legal authority”, claimed the petition jointly filed by the green activist Naba Dutta on behalf of Sabuj Mancha and another.
“We have rented out the land in concern to CEFC in line with other similar rent outs to other organisations operating in the area including the rent value. If the high court decides that such renting out is not permissible, then it is likely to impact the operations of similar other coaching camps within Rabindra Sarobar,” pointed out a senior KMDA official. Incidentally, during hearing of another petition on the issue on Wednesday in the eastern zonal bench of National Green Tribunal, the judges asked whether the complaint is against the particular entity, CEFC, or against all such organised sports activities within Rabindra Sarobar.
‘Nothing against cricket, use the under-used adjacent stadium’
“We have nothing against cricket coaching or any other sports activities but feel those cannot be allowed to affect the environmental quality and status of Rabindra Sarobar, the green lungs of south Kolkata,” Datta told The Plurals on Thursday.
The activist pointed out that the Rabindra Sarobar stadium, located right opposite to the space which has been rented out for celebrity cricket, now stands highly under-used; and can be used for such coaching camps.
Since Indian Super League (ISL) matches were shifted from the stadium in 2017, which is under the administrative control of the sports department, on environmental ground under National Green Tribunal order based on a petition filed by environment activist Subhas Datta; presently not much sporting activities take place in the stadium apart from few clubs doing football practices and occasional small sports events. “The NGT order barred sports activities with the Rabindra Sarobar stadium at night time but there is no restriction on daytime activity. The cricket coaching can definitely be shifted there,” explained environment activist and morning walker S.M. Ghosh.
Multiple cases moved in court over Rabindra Sarobar
Even after the high court ordered an injunction on KMDA and CEFC on alteration of ground character, and effectively stopped any work on the land space adjacent to gate number 8 of Rabindra Sarobar, several cases have been filed on KMDA’s move. “Apart from the Sabuj Mancha case, there have been another high court case and three NGT cases on the issues being filed by several organisations and individuals,” said a green activist.
“It’s an issue of environmental ethics. A city, gripped with climate change and record temperature rise mainly due to less green cover, should make all the efforts to add green wherever possible especially in a space like Rabindra Sarobar. The opposite is not acceptable, KMDA should review its decision,” said a climate expert earlier.
“This is an eco-sensitive region … I have raised the issue with the appropriate authority, and hope that they will take actions soon,” said environmentalist Subhas Datta, who earlier moved court against environmental violations in Rabindra Sarobar.
“The allegation and apprehension of those opposing the projects is misplaced. The area was lying as an abandoned spread with unkempt grass and the land has been rented out maintaining all norms including the environmental ones as per NGT mandate,” said a senior KMDA official.
