Environment activist and petitioner of the Brigade Parade Ground case Subhas Dutta on Wednesday moved a supplementary affidavit before the green bench of Calcutta High Court, seeking an order to declare the Maidan a heritage zone. The court will hear the petition on January 6, 2005.

Dutta, entrusted by the court to submit a development plan for the Maidan, underlined the need to save the ?lungs of the city? by framing a code of conduct to be followed by the custodian of the grounds.

On November 30, a green bench, comprising acting Chief Justice A.N. Roy and Justice A.K. Mitra, had observed that the army was the original custodian of Brigade Parade Ground, and declared that its users would have to take prior permission from the army.

?Calcutta has less than one per cent open space. There are at least 23 wards in the city without any open space. Considering the gravity of the problem, the army should be asked by the court to follow a strict guideline to use or to allow someone to use the Maidan,? Dutta said in his petition.

He stressed that buildings and areas of importance alone should not be declared heritage zones. ?Article 37 of the Town and Country Planning Act has the option to declare an important area as a heritage zone. Puddapukur jola and Santragachhi jheel (bird sanctuary) have been declared heritage zones by the government. So, an area like the Maidan can easily be declared a heritage zone,? Dutta argued.

The petitioner also sought a court order restraining the army from allowing political parties and other organisations to hold rallies on the Brigade.

?The army, in its affidavit submitted to the court on June 30, 2003, had said restoration of Calcutta Maidan to its green health and admirable condition was possible only if the number of events, functions and rallies was reduced,? Dutta claimed.

The army should not deviate from its stand and should disallow rallies and functions on the Brigade, he said.

On November 30, a protracted legal battle between the state government and the army over control of the Maidan ended after the green bench categorically said the army was the custodian of the Maidan.

The court said before allowing any organisation to use the grounds, police and the government would have to ensure that prior permission was taken from the army .