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2023 Supreme(Cal) 1145

ARIJIT BANERJEE, APURBA SINHA RAY
Khalil Ahmed – Appellant
Versus
Ansar Ahmed – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Alak Kumar ghosh, Adv. Mr. Gopal Chandra Das, Adv. Mr. Debangshu Mondal, Adv.
For the Respondent: Mr. Srijib Chakraborty, Adv. Mr. Aditya Mondal, Adv., Mr. Lalratan Mondal, Adv. Mr. Deeptangshu Kar, Adv.

JUDGMENT :

Arijit Banerjee, J.

1. These two appeals are directed against a judgment and order dated March 29, 2019 passed by a learned Judge of our Court in CC 37 of 2018 (Ansar Ahmed & Ors. v. Sri Sovan Chatterjee & Ors.) and CC 39 of 2018 (Sk. Jahir & Ors. v. Sri Sovan Chatterjee & Ors.) arising out of W.P. 53 of 2014 and W.P. 142 of 2014 respectively.

2. The material facts of the case, very briefly stated, are that Premises No. 20B, Karl Marx Sarani, Calcutta 700 023, was declared as a heritage building by Kolkata Municipal Corporation (in short KMC). The reason is that according to KMC, the famous Bengali poet Michel Madhusudhan Dutta was born there and/or resided in that house for a substantial period of time.

3. Two writ petitions were filed by persons who had acquired the said property in 1990 after coming to know of the declaration of the property as a heritage building. The writ petitions were disposed of by a common judgment and order dated July 11, 2016, the operative portion whereof reads as follows:-

    “I think, in the circumstances, I should refer the declaration of the subject building as Heritage to the Commission, to review and reassess the view taken by the said Expert C

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