- (1.) The challenge of the petitioner is directed against a resolution dated 13th November, 2017 whereby the Heritage Conservation Committee has directed that demolition of premises no. 16, Sovabazar Street, Kolkata- 700006 will not be allowed until and unless the Heritage Conservation Committee gives a concrete decision regarding the declaration of the premises as "Heritage" or not. This is the second round of litigation between the parties. On an earlier occasion, the petitioner had assailed the decision of the Heritage Conservation Committee to declare the said building as a heritage building by filing an earlier writ petition being WP 1151 of 2016. The said writ petition was disposed of by an order dated 15th September, 2017. By the order dated 15th September, 2017 a learned Single Judge of this Hon'ble Court had directed as follows : " This Court, therefore, finds that the manner in which the property of the petitioner has been declared as heritage is not proper, rather bad, invalid and illegal and, therefore, the Corporation should release the said property from the list of the Heritage List Grade Pending forthwith. The said property shall not be treated as the heritage until it is so declared by following the provisions contained under Chapter 23A of the said Act. If the Corporation feels that the said property has an importance for any of the purposes indicated in the aforesaid Sections, it is open to them to take steps in accordance therewith after affording an opportunity of hearing to the petitioner. "
(2.) It is true that by the order dated 15th September, 2017 the Corporation was granted an opportunity to take steps after affording the petitioner right of hearing to declare the aforesaid premises as "Heritage" in compliance with the mandatory provisions of the Kolkata Municipal Corporation Act, 1980. In this context it is pertinent to mention the Chapter 23A of the Kolkata Municipal Corporation Act, 1980 deals with preservation and conservation of heritage buildings. Sections 425A and 425B give ample powers to the Corporation to declare a building as a heritage building.
(3.) The impugned minutes of the meeting held on 13th November, 2017 by the Heritage Conservation Committee is the subject matter of challenge in the instant writ petition. Admittedly, the said meeting was held after passing of the order dated 15th September, 2017 in WP No. 1151 of 2016. It is evident from the minutes of the impugned meeting that the Heritage Conservation Committee was fully aware of the order dated 15th September, 2017. However, the clear mandate in the order 15th September, 2017 was that an opportunity be given to the Corporation to take appropriate steps in accordance with law for declaring the aforesaid premises as a heritage building.;