I.P.MUKERJI,J. - (1.) This writ claims a direction in the nature of Mandamus asking the respondent Corporation to cancel the declaration of the building standing on premises No.8B, Abhoy Mitra Street, Ward No.-9, Borough-I, Kolkata-700 005 as a heritage building. It also challenges the validity of Section 425B and 425C of the Kolkata Municipal Corporation Act, as being ultra vires Article- 14 of the Constitution of India and void under Article -13 thereof. This building according to the gradation of heritage buildings into Grades-I, IIA and IIB published by the Kolkata Municipal Corporation, (pg.- 48 of the writ petition) was declared as heritage Grade-I because of its architectural style.
(2.) Mr. Dutta for the petitioner submitted that the details of the architectural style of the building, its novelty or historical importance were not provided in the list. This kind of arbitrary gradation and declaration of a building as a heritage building was therefore most unfair, unreasonable and lacked transparency.
(3.) As regards the Constitutional point, he submitted that the provisions regarding the declaration of building as a heritage building did not provide for any right of hearing to the owner when a building was being declared as heritage. When it was so declared, he and any subsequent purchaser lost the right to deal with the building the way they chose and had to constantly maintain its heritage status under Section 425A of the Kolkata Municipal Corporation Act, 1980. This was to be viewed as a civil consequence. The relevant provisions should have provided for a right of hearing to the owner. In the absence of such a stipulation the entire provisions were ultra vires the Constitution.;