JUDGMENT : Biswanath Somadder, J. 1. Let the affidavit of service filed in Court today be taken on record. 2. Let the supplementary affidavit filed in Court today on behalf of the appellants be also taken on record. 3. By consent of the parties, the appeal is treated as on day’s list and taken up for consideration along with the application for stay. 4. The instant appeal arises out of an order dated 10th January, 2017, passed by the learned Single Judge in WP 563 (W) of 2017 (Me 2 We Foundation & Anr. vs. The State of West Bengal & Ors.). The appellants before us had approached the writ Court in respect of a communication made by the Asansol Municipal Corporation on 9th January, 2017, depicting several shortcomings/deficiencies in seeking permission for holding “Saansad Mela” at the Divisional Railway Stadium (Loco Ground), Asansol, District – Burdwan. The learned Single Judge, while examining the matter, took into consideration the contents of the letter dated 9th January, 2017, issued by Asansol Municipal Corporation indicating the several shortcomings/deficiencies in seeking permission for holding the Mela at the Loco Ground and came to a conclusion that the conditions imposed in the said letter needed to be revisited. The Court felt that it would be prudent if the Mayor himself took up the responsibility and decided the application filed by the writ petitioners seeking permission for holding the Mela at the Loco Ground. The learned Single Judge observed that since the Mela was scheduled to be held on and from 12th January, 2017, it was expected that the Mayor would take a final decision on 11th January, 2017 and communicate the same to the petitioners forthwith. The learned Single Judge also made the following observations :- “It is expected that the Mayor would decide the application without being influenced by any extraneous factor and also bearing in mind that the same is intended for bringing the awareness amongst the citizen of the city. Nothing in this order shall be construed to create influence in the mind of the Mayor who shall take independent decision nor the Mayor shall be swayed by the conditions imposed in the impugned notice dated 9th January, 2017.” 5. Nothing in this order shall be construed to create influence in the mind of the Mayor who shall take independent decision nor the Mayor shall be swayed by the conditions imposed in the impugned notice dated 9th January, 2017.” 5. Against this order, the instant appeal has been preferred primarily on the ground that the learned Single Judge had failed to appreciate that the Saansad Mela organised by the appellants was in public interest with active participation of various Ministries and Departments of the Government of India and was scheduled to be inaugurated today. Another ground appears to be that the learned Single Judge had failed to appreciate that the Mela was scheduled to be held in the land owned by the Ministry of Railways and is a stadium located at Asansol, District – Burdwan. According to the appellants, the learned Single Judge also failed to appreciate that the Ministry of Railways, on 23rd December, 2016, had granted permission for holding such Mela at their ground upon payment of requisite fees and also failed to appreciate that for the purpose of conducting the programme, a formal permission was required from the concerned police authorities and accordingly application was also made before the Commissioner of Police, Asansol, District – Burdwan. Since the police authorities had sought for a “no objection certificate” from Asansol Municipal Corporation, the appellants-writ petitioners made a representation before the Mayor on 1st January, 2017, seeking information with regard to fees, if any, payable or any formalities required to be complied with. Certain other grounds appear to have been also spelt out in the Memorandum of Appeal which we need not advert to, since they are not relevant for the purpose of adjudication of the issue before us at the present moment. What is of consequence, however, is to take note of the fact that after filing of the appeal yesterday, the Mayor of Asansol Municipal Corporation – pursuant to the order passed by the learned Single Judge – arrived at a decision, relevant portion whereof is quoted hereinbelow :- (i) It appeared to me that the proposed space for holding cultural programme is inadequate. I have come to learn that several renowned artists and musicians from Mumbai and other parts of the country have been invited to participate in the cultural programme for which gathering of more than 50,000 (fifty thousand) of general public cannot be ruled out. The space for holding cultural programme has not the capacity to accommodate the huge gathering. Moreover the ground is surrounded with boundary wall on all sides. Due to such reason, there is every possibility of stampede/accident in view of huge gathering of general public. It appears that previously accidents/ incidents of stampede took place in the similar type of musical & cultural programme at Asansol. (ii) I have also come to learn that one of the stalls in the Mela is earmarked for spot issue of “Aadhar Card”. In this Corporation area, many citizens have not as yet been provided with Aadhar Cards which, as per provision of Central Government, is essentially needed for all domestic and official purposes. It is reported that there may be several other stalls for the benefits of the beneficiaries for which there is also possibility of gathering of huge number of public. (iii) It may not be out of place to mention here that previously meetings of several dignified personalities like previous Prime Minister Sri. Atal Bihari Vajpai, Hon’ble Chief Minister Mamata Banerjee, Mr. Abhiseck Banerjee etc. were not held in this ground anticipating huge number of gathering of general public for safety and security reasons. (iv) Keeping in mind the safety and security of the citizens of Asansol, I think, it is not proper to grant permission for proposed Saansad Mela at the Divisional Railway Stadium (Loco Ground) Asansol. The office of Asansol Municipal Corporation may however grant permission for holding Saansad Mela at Sitla Ground, Asansol, Ushagram Boys High School, Asansol, Polo Ground, since these grounds have no fencing. There is least possibility of any untoward incident in these grounds. (v) It is specifically mentioned herein that the Corporation is always in favour of Mela and to promote an extend all type of cooperation to the organisers of the Mela provided the Mela is held in suitable place and in a convenient manner.” 6. This decision of the Mayor of Asansol Municipal Corporation has been brought on record and challenged before us by the appellants by way of a supplementary affidavit filed in Court earlier today. This decision of the Mayor of Asansol Municipal Corporation has been brought on record and challenged before us by the appellants by way of a supplementary affidavit filed in Court earlier today. During the course of hearing of the matter, the learned senior counsel representing the appellants submitted, on instruction, that the cultural programme will not be held and a specific averment in that regard has been made in paragraph 7 of the supplementary affidavit. 7. Since there are other grounds cited by the Mayor in the decision rendered on 11th January, 2017, for not giving permission to the appellants-writ petitioners to hold the Mela at the Loco Ground, this Court had directed the learned Additional Advocate General who represents Asansol Municipal Corporation to take specific instructions from his client considering the changed circumstances and kept the matter for further consideration at 2 p.m. 8. When the matter was called once again at 2 p.m., the learned Additional Advocate General representing Asansol Municipal Corporation submitted that he had obtained instructions from the Mayor by SMS. The text of the SMS is reproduced hereinbelow : “We apprehend untoward incidents if camps for Adhar (sic, Aadhaar) card passport etc. are organised Physically handicapped beneficiaries may also face problems if tricycle etc. is distributed from mela gathering Asansol Municipal Corporation is ready to help Sansad if he agrees to help the beneficiaries by making arrangement to bring it to their doorstep.” 9. Undoubtedly for holding the ‘Saansad Mela’ at the Loco Ground, permission was required to be obtained in terms of section 292 of the West Bengal Municipal Corporation Act, 2006. Conditions for grant of permission have been clearly stipulated in Section 293 of the West Bengal Municipal Corporation Act, 2006, which are as follows :- “293. Conditions for grant of permission. Undoubtedly for holding the ‘Saansad Mela’ at the Loco Ground, permission was required to be obtained in terms of section 292 of the West Bengal Municipal Corporation Act, 2006. Conditions for grant of permission have been clearly stipulated in Section 293 of the West Bengal Municipal Corporation Act, 2006, which are as follows :- “293. Conditions for grant of permission. – (1) In case of any premises for the use of which a licence or permission is required from Government or any statutory body under any law for the time being in force, the Commissioner shall not grant any permission under this Act to any person until such person produces before the Commissioner the licence or the permission from Government or statutory body, as the case may be, and submits duly authenticated copies thereof to him: Provided that in the case where production of a municipal permission is a pre-condition for the grant of a licence or permission under any other law for the time being in force, the Commissioner may grant a provision which shall become final upon production of a licence or permission under the said law: Provided further that such provisional permission shall have validity only for the purpose of fulfilling any pre-condition for the licence or the permission under any other law as aforesaid. (2) Notwithstanding anything contained in this Act, the Commissioner may, while granting permission under this chapter, specify such special conditions, relevant to each case, regarding disposal of solid liquid or gaseous wastes or for parking of vehicles or for loading or unloading of goods or for abatement of nuisance of any kind whatsoever as he deems fit.” 10. A plain reading of the above provision of law reveals that unless the requirements specified therein are satisfied, the Commissioner shall not grant any permission for holding of such events as specified in section 292 of the West Bengal Municipal Corporation Act, 2006. 11. In the facts and circumstances of the instance case though, this provision of law cannot be held to be strictly applicable in view of the specific directions given by the learned Single Judge upon the Mayor of Asansol Municipal Corporation, based on which the Mayor rendered his decision on 11th January, 2017. 11. In the facts and circumstances of the instance case though, this provision of law cannot be held to be strictly applicable in view of the specific directions given by the learned Single Judge upon the Mayor of Asansol Municipal Corporation, based on which the Mayor rendered his decision on 11th January, 2017. It appears that the Mayor, while considering the matter in terms of the specific directions given by the learned Single Judge, was primarily apprehensive about holding of the cultural programme since there was possibility of stampede/ accident in view of huge gathering of general public. That apprehension is now brought to rest in view of the decision taken by the appellants-writ petitioners for not holding the cultural programme at the time of inauguration of the Saansad Mela. 12. Now comes the other apprehensions which have been stated by the Mayor in his communication to the learned Additional Advocate General in the SMS which has been reproduced hereinabove. He apprehends untoward incidents if camps for Aadhaar Cards, Passport, etc. are organised. According to the Mayor, physically handicapped beneficiaries may also face problems if tricycles, etc. are distributed from the Mela gathering. 13. Even in the decision rendered by the Mayor on 11th January, 2017, he had expressed apprehension in respect of spot issuance of Aadhaar Card since may citizens within his area have not yet been provided with Aadhaar Cards. As such, according to the Mayor, there is a possibility of gathering of huge number of public. 14. We do not find any justifiable reason for the Mayor taking this stand for the simple reason that he himself has stated that many citizens within his Corporation area have not yet been provided with Aadhaar Cards. The possibility of huge number of members of the public queuing up for issuance of Aadhaar Card does not necessarily mean that there will be a law and order situation. After all, every citizen within the Asansol Municipal Corporation area is entitled to an Aadhaar Card which is sought to be provided by the Government of India by erecting stall/stalls in the mela ground. If there is an orderly crowd, there cannot be a stampede and apprehension of stampede by the Mayor, without even conducting a forensic study/analysis of the ground situation, was perhaps not called for. If there is an orderly crowd, there cannot be a stampede and apprehension of stampede by the Mayor, without even conducting a forensic study/analysis of the ground situation, was perhaps not called for. Similar reasoning also applies in respect of the Mayor’s apprehension with regard to the stall/stalls for Passport. 15. The other apprehension of the Mayor is with regard to distribution of tricycles to physically challenged beneficiaries which may also face problems if the same is distributed from the mela gathering. Here also we do not find any justifiable reason for the Mayor to express such apprehension. The reason is, it is quite incredulous even to apprehend that physically challenged beneficiaries can create any problem. A physically challenged individual is already in a compromised physical state and it will be quite unusual for a group of physically challenged individuals to create problems. If the crowd situation gets out of control at any stage, the concerned authority of Asansol Municipal Corporation can immediately step in and direct the organisers of the Saansad Mela to stop their event. However, withholding of the Saansad Mela merely on apprehension, as expressed by the Mayor of Asansol Municipal Corporation, is perhaps wholly unwarranted and appears to be based on mere speculation. The decision of the Mayor to withhold permission for the proposed Saansad Mela scheduled to be held at the Divisional Railway Stadium (Loco Ground), Asansol, District – Burdwan, possibly cannot find support of any rational thinking mind. 16. In such circumstances, we dispose of the instant appeal along with the application for stay with the following directions :- 1. The Mayor and/or other authorities of Asansol Municipal Corporation shall permit the appellants to hold the Saansad Mela at the Railway Divisional Stadium (Loco Ground), Asansol, Burdwan, as per schedule. However, no cultural programme (including musical soirees) will be allowed to be held in the Loco Ground in view of the statement made by the appellants in paragraph 7 of their supplementary affidavit. 2. In the event, Asansol Municipal Corporation notices crowd management becoming difficult, it shall bring the same to the notice of the local police authorities. The police authorities shall conduct on the spot assessment of the situation on ground. Thereafter, if required, the Corporation shall issue necessary instructions, in writing, to the organisers for closing any particular stall/stalls or for closure of the Mela, as the situation warrants. 3. The police authorities shall conduct on the spot assessment of the situation on ground. Thereafter, if required, the Corporation shall issue necessary instructions, in writing, to the organisers for closing any particular stall/stalls or for closure of the Mela, as the situation warrants. 3. The local police authorities are directed to ensure maintenance of law and order within and around the mela ground by deploying adequate force. 17. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. Biswanath Somadder & Sankar Acharyya, JJ. I agree.