Read Time: 06 minutes

Synopsis

The Calcutta High Court has ordered the State of West Bengal and its Transport department to establish a committee to examine how Tram services can be "restored, maintained, and preserved" in the city of Kolkata and submit a report on its findings.

A Division Bench of Chief Justice Sivagnaman and Justice Ajay Kumar Gupta passed the order in a PIL for the preservation of remaining stretches of tram railways in the city from being sold off or demolished.

The bench instructed the State not to view the litigation as adversarial and ordered the formation of a committee composed of "independent-minded" government officials, tram-enthusiasts among Kolkata's residents, non-governmental organisations, and experts in the field of heritage conservation.

The court said, “We find that those who have taken a decision to stop the tram services or restrict operations…have not taken a broader view…it is an undisputed fact that trams in Kolkata are part of its heritage…respondents being a welfare State must preserve heritage for not only present enjoyment…but to preserve the same for posterity…when the public of Calcutta are very proud that Durga Puja festival has been given heritage tag by UNESCO, equally they should be proud to have the tram services restored, maintained and operated efficiently in Kolkata.”

Chief Justice has also acknowledged the expenses that would be required to make for such restoration and said if the entire stretch can’t be covered then at least the major routes can be preserved as they have the potential to become great tourist attractions.

The court further added, “The people of Calcutta are very passionate about trams…it is an iconic symbol…like yellow taxis…elsewhere in the world where there are such trams they have been replaced by new cars with latest technology…it you want to pursue, the State can definitely do it…for expenditure purposes if the entire stretch cannot be covered then at least the major routes…in fact on Red Road, where we travel, if there was a tram facility...it will be a great tourist attraction…all the people have got now are Chariots…now the horses are already before the Court…for rehabilitation…serious thought is needed.”

The Court also noted that as submitted by Advocate General S.N. Mookherjee, the State of West Bengal does not have a definitive policy dealing with tramways and their heritage status.

In conclusion, the court observed, “…duty of the state to preserve heritage…can take judicial notice of the fact the State is preserving several heritage structures already…therefore tram services should not be totally effaced or disbanded in the city of Kolkata…furthermore, tram sheds and depots are required for effective functioning of tram services. Therefore, the respondents are restrained from selling…any of the properties of the [tramways in Kolkata] until further orders…”

Case Title: Sulagna Mukherjee vs. State of West Bengal & Ors