JUDGEMENT
I.P. Mukerji, J. -
(1.) On 6th October, 1997, the Government of West Bengal constituted an Expert Committee to identify heritage buildings in the Kolkata Municipal Corporation area. With effect, from 22nd December, 1997, the Kolkata Municipal Corporation Act was amended by adding various sub -Sections to Sec. 425.
(2.) Now, certain provisions, newly introduced by amendment are of great significance. The Heritage Committee was to have a specific constitution. This committee would make a recommendation, identifying heritage buildings to the Mayor -in -Council, under Sec. 425B. The Mayor -in -Council was required to examine the recommendation. If it agreed with the recommendation made by the Heritage Committee it would refer the matter to the Corporation for final approval.
(3.) Declaration of a building as heritage has a great impact on its owner. Under Sec. 425A he cannot change the use of the building. He has to "maintain, preserve and conserve it". This obligation is attached to each and every subsequent owner of the building. Therefore it is just not possible to sell or otherwise transfer the heritage building, easily.;
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