SK. JAHIR Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) The two writ petitions being No. WPO 120 of 2021 and WPO 121 of 2021, have been heard together and are being adjudicated and disposed of, by dint of this common judgment.

(2.) The writ petitioners are aggrieved, due to divergent decisions taken by the Heritage Commission and the respondent/Kolkata Municipal Corporation, in the matter of declaration of their residence, i.e, 20B, Karl Marx Sarani, as a heritage building. Their further grievance is that, in spite of the Heritage Commission having held such declaration not to be maintainable due to want of adequate evidence, the Kolkata Municipal Corporation subsequently determines the same otherwise, in consonance with its earlier decision. The end result is that the residence of the writ petitioners finds place in the 'Graded List' of heritage buildings, of the respondent/Kolkata Municipal Corporation, against which the petitioners seek relief that the same may be decategorised and delisted, from there. They have sought that the decision of the Kolkata Municipal Corporation, declaring the said premises, as heritage, be set aside. Hence, these writ petitions. ? Factual background of the case :

(3.) The building 20B Karl Marx Sarani, is an old building. The writ petitioners have stated on oath that no property related document with respect to the said premises is available with the respondent Corporation, prior to the year 1875. They have stated the same on the basis of the information furnished to them by the Superintendent of Records, Central Records Department of the respondent Corporation, vide letter dtd. 22/11/1990 [ paragraph 9 of the writ petition and annexure 'p-2']. This being a matter of records, the same appears to have been accepted by the respondent Corporation [vide paragraph 8 of the affidavit-in-opposition]. ? How the property devolved upon the writ petitioners :