Ashit Kumar Pareek & Ors vs Kolkata Municipal Corporation & ...
2022 Latest Caselaw 4028 Cal

06.07.2022 rc/ct.no.24 Item No.ML-115 WPA No. 6392 of 2021 Ashit Kumar Pareek & Ors.

Versus Kolkata Municipal Corporation & Ors.

                 Mr.    Chayan Gupta
                 Mr.    Rittick Chowdhury
                 Mr.    Ashutosh Singh
                 Mr.    Deepankar Thakur           ...for the Petitioners

                 Mr. Alok Kumar Ghosh
                 Mrs. Era Ghose                         ...for the KMC

Affidavit of service filed in Court today is taken on

record.

The petitioners are aggrieved by the incorporation

of the premises no. 2B, Ram Kamal Street, Kolkata 700

023 as Grade-IIA Heritage Building.

It has been submitted by the learned counsel

appearing on behalf of the petitioners that no prior

notice was issued in favour of the owner of the property

before including the building in the list of heritage

buildings.

The petitioners have filed representation before the

Kolkata Municipal Corporation (in brevity, "KMC") in

February, 2021 and allege that the same has not been

taken up for consideration till date.

Learned counsel relies upon judgments of this

Court where the action of the KMC to include buildings

in the heritage list without giving prior intimation to the

owner has been set aside by the Court.

The petitioner prays for a direction upon the KMC

to delete the building in question from the list of heritage

buildings.

Learned counsel appearing on behalf of the KMC

seeks time to file affidavit in the matter.

In view of the above, let affidavit-in-opposition be

filed within six weeks from date. Affidavit-in-reply, if any,

be filed within fortnight thereafter.

The writ petition shall be treated as ready for

hearing after completion of affidavits.

Urgent certified website copy of this order, if

applied for, be furnished to the parties upon compliance

of necessary formalities.

(Amrita Sinha,J)