Calcutta HC rejects CPI(M)'s plea on book stall removal

The Calcutta High Court dismissed a petition filed by the Communist Party of India (Marxist) [CPI(M)] challenging the removal of a temporary book stall near Jadavpur Coffee House during Durga Puja festivities. In Communist Party of India (Marxist) v. State of West Bengal & Ors., Justice Partha Pratim Roy held that payment of a fee and submission of an application to the Kolkata Municipal Corporation (KMC) did not confer a vested right to erect and maintain a stall indefinitely.

No automatic entitlement to civic space

The Court observed that temporary structures during festivals are granted under regulatory control and subject to civic rules, including safety, traffic, and public order considerations. The authorities retained discretionary power to permit or dismantle such stalls even after fees were paid, especially during high-footfall events like Durga Puja.

The Bench emphasized that civic spaces are public goods and cannot be appropriated for political or ideological messaging without regard to municipal regulations. The decision affirmed KMC's authority under the Kolkata Municipal Corporation Act to manage public areas.

For litigators, this ruling clarifies that procedural compliance does not guarantee substantive entitlements in public space management. Municipal discretion remains broad, and challenges must demonstrate arbitrariness or mala fides to succeed.