Court sets aside cancellation of permission granted to Bharatiya Rail P. Shramik Union, emphasizing natural justice and equitable sharing for 2026 Durga Puja celebrations
In a significant judgment delivered on October 12, 2026, the Division Bench of the Calcutta High Court comprising Justices Shampa Sarkar and Arjun Ray Mukherjee resolved a contentious dispute between the Bharatiya Rail P. Shramik Union (Eastern Railway, Sealdah Division) and the Sealdah Railway Athletic Club over the use of a railway-owned ground for conducting the annual Durga Puja festival.
The matter arose when the Railway authority initially granted permission to both groups to conduct the "Khuti Puja" - the ritual marking the formal commencement of Durga Puja - on the same railway ground. The Union had duly deposited the requisite fees and was allowed to proceed. However, the permission granted to the Union was subsequently withdrawn on vague administrative grounds without providing them an opportunity to be heard or recording the reasons for the withdrawal. Meanwhile, the permission granted to the Athletic Club remained intact.
Aggrieved by this selective cancellation, the Union filed an appeal against the order of the Single Judge dated October 6, 2026, which had permitted only the Athletic Club to hold the Puja on the ground. The High Court, after hearing submissions from all parties, was unequivocal in its stance that the withdrawal of permission without adherence to principles of natural justice was unsustainable.
The Court emphasized that both rival groups had been permitted initially, and the cancellation of the Union's permission without a hearing or clear reasons violated fundamental administrative law tenets. Consequently, the Court set aside the Single Judge's order.
To ensure peaceful and equitable celebration of the festival, the Court directed the Railway authorities to demarcate the ground within 24 hours, allotting a designated portion for the Union to hold its Durga Puja celebrations for the year 2026. It was clarified that the Union would not claim an equal share of the ground, given that the Athletic Club had already constructed a pandal. The police were instructed to maintain vigilance to prevent any disturbances, and advocates representing both parties were appointed as observers to ensure smooth conduct of the Puja.
Importantly, the Court reiterated that the Durga Puja is a public festival meant for the community, with organizers merely executing the event. The judgment explicitly stated that no independent or vested right accrues to the organizers beyond procedural compliances. The directions were confined strictly to the 2026 celebrations and did not establish any precedent or equity for future years.
This landmark ruling reinforces the principles of natural justice and administrative fairness, while promoting harmony and equitable sharing of public spaces for cultural festivities. It also underscores the judiciary's role in balancing competing interests in the use of public grounds for communal activities.
Bottom Line:
Permission granted to one puja organiser could not be cancelled on vague administrative reasons without hearing, especially when both rival groups had been permitted to perform Khuti Puja on the same railway ground; both groups were allowed to hold Durga Puja in demarcated portions for the year 2026 only.
Statutory provision(s):
- Principles of Natural Justice (Common law/Administrative Law)
- Procedural Compliance requirements for permissions on public grounds (Railway property regulations)
