LAWS(CAL)-2019-3-72

ANSAR AHMED Vs. SOVAN CHATTERJEE

Decided On March 29, 2019
ANSAR AHMED Appellant
V/S
Sovan Chatterjee Respondents

JUDGEMENT

(1.) These two contempt applications are disposed of by this common judgement. They arise out of a judgment and order dated 11th July, 2016 made in the writ applications [WP. No. 53 of 2014 (Ansar Ahmed & Ors. Vs. The Kolkata Municipal Corporation & Ors. and W.P. No.142 of 2014 (Sk. Jahir & Ors. Vs. The Kolkata Municipal Corporation & Ors.)]. In that writ, the writ petitioners had challenged the declaration of premises No.20B, Karl Marx Sarani, Kolkata - 700023 as a heritage building by the Kolkata Municipal Corporation. They were the present owners of the building, having acquired it on 4th January, 1990. The reason why the said premises was declared as a heritage building was that according to the Corporation, Michael Madhusudan Dutta was born there. Disposing of the writ application this Court passed the following order:

(2.) It appears from the records that the West Bengal Heritage Commission acted promptly on the basis of the said judgment and order. Notices were issued by them to the parties to appear before it on 4th November, 2016. A joint inspection was held on 8th December, 2016.

(3.) The letter of the Heritage Commission to the Corporation dated 5th September, 2017 said that no documentary proof was available to substantiate the assertion that Michael Madhusudan Dutta spent a considerable part of his pre-adulthood life in the building. In the absence of any documentary proof notifications/advertisements were published in newspapers on 28th July, 2016 seeking information in this regard from any person. The Commission reported that no such information was available. On 5th September, 2017 the Commission disposed of the reference before it by citing absence of evidence. In other words, the Commission was of the opinion that there was no evidence to suggest that the poet spent some part of his life in that building.