1 ORDER SHEET WBCHCA0248922026 Item No.26, 31 Ct. No. 1 RP IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA(P)/279/2026 IA NO: CAN/1/2026, CAN/2/2026 SHER-E-DIL YOUNG SPORTS CLUB AND ANR VS UNION OF INDIA AND ORS. With WPA(P)/310/2026 IA NO: CAN/1/2026 MD FAIYAZ HUSSAIN AND ORS VS UNION OF INDIA AND ORS Appearance: Mr. Bikash Ranjan Bhattacharyya, Sr. Adv. Mr. Sabyasachi Chatterjee Mr. Md. Adil Badr Mr. Md. Aqib Badr Mr. Shahzada Parvez Ms. Shabnam Farooqui Mr. Shakti Shivam Ms. Nagma Khatoon Mr. Imtiaz Akhter Mr. Ratikanta Pal ...Advocate for Petitioners in WPA(P) 279 of 2026 Mr. Tarique Quasimuddin Md. Adnan Lodi ...Advocate for Petitioners in WPA(P) 310 of 2026 2 Mr. Rajdeep Mazumder, Ld. AAG Mr. Ajit Kumar Mishra, Ld. AGP Mr. Madhu Jana Mr. Gopal Krishna Sarkar Mr. Milind Mohul Ghosh ...Advocate for State Mr. Dhiraj Kumar Trivedi, Ld. ASGI Mr. Arijit Majumdar ...Advocate for UOI Mr. Kishore Datta, Sr. Adv. Mr. Abhishek Banerjee ...Advocate for Port Trust Mr. Santanu Chatterjee ...Advocate for HMC Mr. Joydip Kar, Sr. Adv. Mr. Suresh Kumar Sahoo ...Advocate for Respondent Nos.18 & 19 CORAM: RAVINDRA VITHALRAO GHUGE, CHIEF JUSTICE & OM NARAYAN RAI J. Date :23.09.2026 Order (Per Court) 1. We have heard the Learned Counsel for Petitioners in these two Writ Petitions, which have been in the style of Public Interest Litigation and the Learned Advocate for Respondents. 2. The land undisputedly belongs to Shyama Prasad Mookerjee Port, Kolkata (formerly Kolkata Port Trust), which is now utilizing it for a project. 3 3. The Petitioner in the first Petition is Sher-E-Dil Young Sports Club and the Petitioners in the second Petition are private individuals. There is no dispute that the land at issue belongs to Shyama Prasad Mookerjee Port, Kolkata. The Sports Club before us claims that its members have been utilizing the said land for sports activities and recreational purpose. Petitioners in the second Petition claim that they have been utilizing the open ground for the same sporting and recreational purpose. 4. It is undisputed that these Petitioners do not have any right over the said land. It is their solitary grievance that they would be unable to indulge in sporting activities and/or recreational activities if the project is taken to fruition. The said land, otherwise is a muddy parcel of land on the Western bank of the Hooghly river. 5. We are agreement with the Learned Advocates for Petitioners on one count, that every city needs to have a patch of land, which has to be utilized for forestation or such other activity, which could in other words be termed as ‘lungs’ of the city. Exercising and keeping oneself physically fit is a way of life today and every individual can pursue such physical activities in order to ensure that he or she remains physically fit. 4 6. In view of the above, though both these Petitions are now sought to be withdrawn, on instructions from the Petitioners, and though we could not be passing any order to create any embargo on the said land, since it belongs to the Port Trust Authority, we find it appropriate to permit the Petitioners to make representations before the Municipal Commissioner, Howrah Municipal Corporation, for considering the request for allotment of such a parcel of land, which belongs to the State or the Corporation and which can be utilized for the purpose of allowing residents for sporting activities/recreational activities etc. Ultimately, it is the responsibility of the civic authority to ensure that the town does not become a concrete jungle. If the human mind is to develop it has to be nurtured with adequate physical exercise. Such physical exercise also lead to mental development. The localites would be justified in seeking a parcel of land to enable them to indulge in such physical sporting and recreational activities. 7. We, therefore, expect the Municipal Commissioner, Howrah Municipal Corporation, to search for a parcel of land, which would not be far away from the town, and close to any such area where localites have residential colonies for the purpose of sporting and recreational activities. It would also be appropriate that the civic Authorities plan a sports stadium, if 5 there is none in the Howrah town, so as to enable the people residing in the Howrah town to utilize the said facility. 8. If Petitioners make such representations to the Howrah Municipal Corporation, we would expect the Municipal Commissioner of the Howrah Municipal Corporation to take an initiative and ensure that such representations are dealt with from a point of view which is relevant and germane to the health of the public at large and make a serious effort, by avoiding delay, to locate such a parcel of land to be utilized for the said purpose. The Civic Authority can take the assistance of the Urban Development Authority of the State of West Bengal, in this cause. 9. Both these Petitions and connected Civil Applications are disposed off as withdrawn, on instructions. (OM NARAYAN RAI , J.) (RAVINDRA V. GHUGE) Chief Justice