KOLKATA MUNICIPAL CORPORATION Vs. YUSUF KHAN
LAWS(CAL)-2021-3-69
HIGH COURT OF CALCUTTA
Decided on March 25,2021

KOLKATA MUNICIPAL CORPORATION Appellant
VERSUS
YUSUF KHAN Respondents

JUDGEMENT

SUBRATA TALUKDAR,J. - (1.) The short question which arises in this appeal relates to whether the Hon'ble Single Bench vide its judgement and order impugned dated 30th August 2019 in WP NO. 479 of 2017 was correct while observing on the entire list of other heritage buildings under the Kolkata Municipal Corporation (KMC) or, the observations of the Hon'ble Single Bench stand restricted to the building in issue in the writ petition alone.
(2.) The building in issue is 31/1A and 31/1B, Nayanchand Dutta Street, Kolkata 700006 popularly known in the area as Krishna Palace.
(3.) The paragraph in issue in the impugned judgement dated 30th August, 2019 reads as follows:- 'After the Court by an order dated 24th September 2014 directed KMC to exercise power under Section 425B KMC Act, the convenor of the Heritage Conservation Committee issued a letter intimating the petitioner that legal action be taken against him for demolition of the heritage structure prior to obtaining permission from the Heritage Conservation Committee. In the said notice also there is mention of inclusion of the building in the heritage list prepared by the expert committee. Acceptance and adoption of the entire list en masse does not amount to compliance of the provision of Section 425B KMC Act (emphasis supplied)' ;


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