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2025 Supreme(Online)(Cal) 3147

CALCUTTA HIGH COURT
PARTHA SARATHI CHATTERJEE, J
SGPT ENTERPRISE & ORS. – Appellant
Versus
UNION OF INDIA & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: A.C. KAR, MANOJ KUMAR ROY
For the Respondents: N.L. SINGHANIA, ARUN BANDOPADHYAY

1. In questioning the justifiability of the notice dated 11.02.

2021 issued by the respondent no. 3, the present writ- petition has been preferred. Additionally, the petitioners pray for issuance of a writ of certiorari for quashing of that notice. Furthermore, the petitioners pray for an appropriate order and/or direction and/or writ, particularly, in the nature of prohibition, restraining the respondents from taking any steps for demolition of the petitioners’ building, which according to the petitioners, was constructed based on the building plan sanctioned by the competent authority.

2. The petitioner no. 1, being a developer, entered into an agreement with the owner of the land in question and in terms of the agreement, developed the land and constructed a building. Subsequently, the Archaeological Survey of India issued a notice to the petitioners alleging that the area falls within the regulatory area under the Ancient Monuments & Archaeological Sites & Remains Act, 1958 (hereinafter referred to as ‘the Act of 1958’). The said notice claimed that the petitioners should have obtained a prior permission from the Archaeological Survey of India before undertaking the construction

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