M/S. Balmer Lawrie & Co. Ltd vs The Chairman
2023 Latest Caselaw 177 Cal/2

OD-2

APO/346/2015 WITH WPO/698/2009 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE

M/S. BALMER LAWRIE & CO. LTD.

Versus THE CHAIRMAN, HERITAGE COMMITTEE, K.M.C. & ORS.

Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 18th January 2023 Appearance:

Mr. S.N.Mookerjee, Ld. Advocate General and Sr. Adv.

Appears Mrs. Sonal Shah,Adv.

Mr. Kushagra Shah, Adv.

Mr. Shashwat Nayak, Adv.

For appellant Mr. Biswajit Mukherjee, Adv. Mr. Gopal Chandra Das, Adv. Ms. Tanushree Das Gupta, Adv.

For K.M.C.

The Court : Showing courtesy to our order dated 20th June, 2022 the

learned Advocate General made arguments in the matter. He cited Selvel

Advertising Pvt. Ltd. & Anr. Vs. Kolkata Municipal Corporation & Ors., a

division bench judgment of our Court, reported in 2013 SCC OnLine Cal

22945, and Ansar Ahmed & Ors. Vs. The Kolkata Municipal Corporation &

Ors., a single bench judgment of the same Court, reported in 2016 SCC OnLine

Cal 3810.

In short, he submitted that Section 425E of the Kolkata Municipal

Corporation Act, 1980 and the West Bengal Heritage Commission Act, 2001

could co-exist without conflict.

The appeal is to retain its position in the list.

(I. P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)

CS