- (1.) This writ petition is directed against an alleged wrongful action or inaction by the respondents authorities in not passing necessary orders against the private respondent, i.e., respondent no. 13 and thereby allegedly abetting conversion of a residential building into a factory premises which, according to the petitioners, is causing noise pollution and also endangering the heritage building.
(2.) There are two petitioners here. The petitioner no. 1 is a deity and the petitioner no. 2 is the sole trustee of the trust. They are owners of a certain premises which has been declared a heritage building by the Kolkata Municipal Corporation which carried an instruction that before undertaking any addition or alteration etc. of the said building a prior intimation to the Chief Municipal Architect & Town Planner of the Kolkata Municipal Corporation who is the respondent no. 5 to this writ petition has to be made for getting necessary clearance of the Heritage Conservation Committee.
(3.) According to the petitioners this building houses the deity of Lord Shri Shri Krishna and the residential quarters for the priests and Maharajas are also in the said building. Therefore, the petitioners say that this building falls under the category of silence zone as per the provisions of the Noise Pollution (Regulation and Control) Rules, 2000. A part of the ground floor has been let out to some tenants and the rental income is utilized for the maintenance of the building and the benefit of the deity. The respondent no. 13 is a tenant in respect of one room on the ground floor of the building since 1979. Since inception of the tenancy he has been carrying on a business under the name and style of Messrs. Singh Iron and Steel Company.;