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ARIJIT BANERJEE, APURBA SINHA RAY
ASL West Enclave Private Limited – Appellant
Versus
Kolkata Municipal Corporation – Respondent
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:-
(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
The court established that compliance with statutory procedures is essential for the declaration of heritage properties, and property owners have the right to contest such classifications.
The decision to declare a property as a heritage building must be based on authentic and tangible evidence, and the property owner's rights should not be violated without justifiable reasons.
If a matter is required to be done in a particular manner, the same has to be done in that manner or not at all.
An interlocutory order deciding the rights of the parties and having the trappings of finality is a judgment within the meaning of Clause 15 of the Letters Patent and is open to challenge in an intra....
A party must demonstrate a legal right or interest to maintain a writ petition; mere annoyance is insufficient for locus standi.
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