OD-3 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE APO/68/2022 With WPO/903/2022 THE KOLKATA MUNICIPAL CORPORATION AND ORS.

-Versus-

M/s. G. K. SONI HOUSING AND DEVELOPMENT PRIVATE LIMITED AND ORS.

Present :

The Hon’ble Justice Debangsu Basak -And-

The Hon’ble Justice Md. Shabbar Rashidi For the Applicant : Mr. Alak Kumar Ghosh, Adv.

: Mr. Arijit Dey, Adv.

For the Respondents : Mr. J. D. Roy, Adv.

Ms. Geetika Agarwal, Adv. Mr. Jogendra Pandey, Adv.

Ms. Champa Pal, Adv.

HEARD ON : 27.02.2025, 27.03.2025 DELIVERED ON : 27.03.2025 DEBANGSU BASAK, J.:-

1. Appeal is at the behest of the Kolkata Municipal Corporation (KMC) and its functionaries and directed against an order dated June 21, 2022 passed in WPO/903/2022.

2. Learned advocate appearing for the appellant submits that, the premises involved in the writ petition was declared as a heritage building and was included in the list of heritage properties pending gradation. He submits that, inclusion of the premises namely, premises No.34, Kali Krishna Tagore Street, Kolkata in the list of heritage building was done in accordance with law. He contends that Kolkata Municipal Corporation Act, 1980 provides mechanism for de-listing of building included in the list of heritage building. He submits that, in the event as claimed by the writ petitioners, the building was improperly included in the list of heritage building, then also, the statutory provisions enshrined in the Act of 1980 provides speedy, efficacious, alternative remedy to the writ petitioner. The writ petitioner should avail of such remedies prior to approaching the High Court.

3. Learned advocate appearing foWr PthOe/ a1p4p6e/l2la0n1t 0relPieusr tuip Wone sat jEundcglmaveen tP avnt.d Lotdrd. e&r Adantre.d V Jsu.l yK o16lk, a2t0a1 M8 upnasicsiepda iln C orporation & Or (s.), August 29, 2024 passed in APO/3/2020 aAnSdL thWe ejsutd gEmneclnatv aen dP roivrdaeter Ldaimteidte d & Anr. Vs. Kolkata Municipal Corporation (& Ors.)

being an appeal from the single Judge’s judgment and order dated July 16, 2018 passed in Purti West Enclave Pvt. Ltd. & Anr. (supra).

4. LWeParOn/e7d4 a/d2v0o2c0a t(eH ailplpmeaanri nDge vfoerl otphee rasp (pPe)l lLatndt . s&u bAmnirt.s Vtsh.a Tt,h teh eK oDlikvaistiao nM Buenniccihp ainl Corporation & Ors.)

passed an order dated February 11, 2025 noticing that the writ petitioner therein sought for cancellation of the list of heritage building (pending). The Division Bench directed such writ petitioner to avail of the statutory rWemPAed/1ie2s6 a7s6 /n2o0te1d9 in[ INthTeA jCuHd gm (eInntd aian d Noartdioern adla tTedru Jsatn ufaorry A9r, t2 0a2n5d pCasusletudr ianl Heritage) & Anr. Vs. Stage of West Bengal & Ors.).

He draws the attention of the Court to theA jPuOdg/m86e/n2t 0a2n3d o(rCdhear nddartead UAudgyuosgt 2&9 , 2A0n2r4. pVass.s eKd oblyk athtae cMo-uonrdicinipaatel BCoenrpcho rainti on & Ors.)

and submits that, a similar mechanism was devised by the co-

ordinate Bench for a decision as to de-listing of a building included in the list of heritage properties of the KMC.

5. Learned advocate appearing for the writ petitioner submits, on instruction, that in the event the Court is pleased to set aside the order impugned in the present appeal, then the Court should direct the Heritage Conservation Committee to consider the representation of the writ petitioners for de-listing of premises no.34, Kali Krishna Tagore Street, Kolkata from the list of heritage building as expeditiously as possible after affording a reasonable opportunity of hearing to the writ petitioner, by a reasoned order to be communicated to the writ petitioner.

6. Premises no.34, Kali Krishna Tagore Street, Kolkata was included in the list of heritage building. The writ petitioner approached the writ Court by way of WPO/903/2022 seeking a direction upon the Kolkata Municipal Corporation authorities to de-list such building from the list of heritage building.

7. INTACH (supra) noticed the statutory provisions enshrined in the Act