JUDGMENT

Dr. B.S. Chauhan, J. —

1. Leave granted.

2. The appellant has preferred this appeal against the judgment and order of the High Court of Calcutta dated 21.8.2009 by which the application filed by the appellant for modification of order dated 28.9.2007 passed in Writ Petition No.7987(W) of 2002, stood rejected.

3. The facts and circumstances giving rise to this appeal are as under:

A foundation stone of Victoria Memorial Hall (hereinafter called ‘VMH’) was laid by the king George the Vth (the then Prince of Wales) on January 4, 1906. Between years 1908 and 1921 various objects of arts, manuscripts, medals, arms and armours were collected and preserved for being transferred and displayed at VMH upon construction and on December 28, 1921 its construction was mostly completed. It was inaugurated by the Edward, the VIIIth (the then Prince of Wales) and was opened for public viewing. Afterwards, the Museum attained the status of National Museum of modern Indian history starting from 18th century. In the year 1925, illustrated catalogue of exhibits in VMH was published. Between years 1934 and 1935 cupolas were added to the main monument. The memorial is the repository of a largest