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2024 Supreme(Cal) 1013

ARIJIT BANERJEE, APURBA SINHA RAY
ASL West Enclave Private Limited – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates Appeared:
For the Appellants : Mr. Mainak Bose, Mr. Rishabh Karnani, Ms. Sweta Gandhi Murgai.
For the Kolkata Municipal Corporation : Mr. Alak Kumar Ghosh, Sr. Adv., Mr. Biswajit Mukherjee, Mr. Gopal Chandra Das.

JUDGMENT :

Arijit Banerjee, J.

1. A judgment and order dated July 16, 2018, passed by a learned Judge of this Court dismissing the appellants’ writ petition being W.P. No. 146 of 2010, is under challenge in this appeal at the instance of the writ petitioners.

2. The learned Single Judge has negated the writ petitioners’ challenge to declaration of their property as Grade-I Heritage by Kolkata Municipal Corporation (in short ‘KMC’). The material facts of the case are as follows:-

    (i) Responding to a public notice issued by the Official Receiver in terms of orders passed by this Court, the appellants, in short ASL (which was previously known as ‘Purti’) participated in an auction process for grant of 99 years’ lease in respect of premises no. 22, Park Street, Kolkata- 700016 (in short ‘the subject property’). ASL emerged as the highest bidder. Upon ASL paying Rs.10.5 crore to the Official Receiver, the latter executed a lease in favour of ASL in respect of the subject property.

(ii) KMC refused mutation in favour of ASL in respect of the subject property on the ground that the same is a heritage property.

(iii) ASL made representations to KMC objecting to classification of the subject prop

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