S.B.Sinha, ACJ. - (1.) This application in the nature of Public Interest Litigation has been filed by a former student of Nawab Bahadur Institution, Murshidabad praying for the following reliefs:- "(a) Issue a writ in the nature of mandamus commanding the Respondents specifically the Respondents Nos. 2, 6 and 7 to forbear from doing anything pursuant to and in furtherence to the said tender a copy being annexure 'G' to this application which may spoil, disfigure or destruct any portion of Nawab Bahadur Institution and its original fabric. (b) Issue a writ in the nature of mandamus commanding the Respondent Nos. 2 and 6 to renovate and/or repair the school building by taking and completely following the instructions of Archacologists and Excavationists in the matter of preservation of the original fabric of the school building. (c) Issue a writ in the nature of Mandamus directing the Respondents Nos. 2 and 6 not to construct R.C.C. ceilings in the said school building and/or to do any tear and wear for such purpose."
(2.) The petitioner contends that the said school is of immense historical legacy and heritage. It was built by Munni Begum, the wife of Mirzafar and was known as Mubaraq Mahal. It was in that building that Mubaraq-ud-daula, the fourth son of the said Mirzafar and Munni Begam was born and brought up. The said Mubaraq-Ud-Daula was later on coroneted as the Nawab Nazim of Bengal, Bihar and Orissa. In course of passing of time, however, the said building was converted into a school. The responsibility of maintaining the said school after abolition of Nawab Nazim was taken by Government of West Bengal. Admittedly, the building is in a dilapidated condition and required a thorough repair. The petitioner contends that although he is not against renovation of the building but keeping in view its heritage value the renovation and repair works should be carried on in terms of the letter dated 23.10.98 as contained in annexure 'F' to the writ application which is as follows :- "Enclosed herewith a copy of the letter received from the Ex-students Association of Nawab Bahadur's Institution at Murshidabad which is self explanatory. While appreciating the concern of Ex-students for preservation of Heritage Buildings at Murshidabad, it may be mentioned here that if we consider Murshidabad a Heritage Town, then it is the duty of all of us to preserve the original Fabric of all heritage buildings of Murshidabad. Further, I am happy to record that it is the only town besides Calcutta where we notice so much of public awareness for Heritage Buildings. In this context while agreeing with the opinion expressed by the Ex-students on the above referred letter it is suggested that R.C.C, roofs are never advisable to a Haritage Buildings. It would not only sport the original fabric of the Building, but also it won't be compatable to the Building. Therefore, it is requested kindly intervene into the matter and see that justice is done in repairing the said Heritage Building at Murshidabad. In this context if any technical advice is required we would certainly extend it."
(3.) However, despite the same and tender had been invited by the State of West Bengal in a newspaper, viz. Ganashakti dated 23rd November, 1998 for renovating and/or repairing the said building.;