CHANDRA UDYOG Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) The matter relates to the premises no. 2, Camac Street presently known as Abanindranath Thakur Sarani, PS - Shakespeare Sarani, Kolkata - 700 016, under Borough -VII of the Kolkata Municipal Corporation ('KMC' for short). The petitioners, claiming to be owners of the property, submits that the said premises comprises of land measuring about two bighas two kathas eight chittaks and 28 sq. ft. along with two old buildings standing thereon, one being the main building and the other the annexe thereof. The main building and the annexe building both are three storied structures, more than ninety years old.

(2.) Sometimes in May, 2006 the petitioners, for the first time, discovered from newspaper reports, that the said property has been included in the list of heritage properties prepared by KMC under Grade - IIA. The petitioners objected to the recording of the structure as heritage. They were made to understand that the properties categorised in Grade - IIA may be permitted to make new construction in the open land within the premises in compatible manner with the heritage building, but no external change will be permissible and in no case new construction should obstruct the view of the heritage building.

(3.) The petitioners sought permission to repair the premises in 2013 followed by reminders in 2014 but the municipal authorities did not grant permission and also prevented the petitioners from carrying on the repairing work. The petitioners allege that the main building is in a dilapidated condition and requires very urgent repairing work for maintenance of the same.