OD-7 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/324/2026 SHRI BIMAL CHANDRA SAHA VS THE KOLKATA MUNICIPAL CORPORATION AND ORS. BEFORE: The Hon'ble JUSTICE RAJA BASU CHOWDHURY Date : 6th August, 2026. Appearance: Mr. Saumyen Datta, Adv. Mr. Tapas Singha Roy, Adv. ...for the petitioner Mr. Alok Kumar Ghosh, Adv. Mr. Gopal Chandra Das, Adv. .…for the Kolkata Municipal Corporation 1. This writ petition has been filed, inter alia, praying for a direction upon the respondents to release premises no. 16, Shovabazar Street, Kolkata- 700006 (hereinafter referred to as ‘the said premises’) from the Heritage List Gradation – III. The learned Advocate for the petitioner has drawn attention of this Court to the order dated 13th February, 2019 and would submit that the co-ordinate Bench of this Court had already by such order held that the resolution taken by the Heritage Conservation Committee dated 13th December, 2017, insofar as it directed ‘demolition of building will not be allowed until and unless a concrete decision regarding declaring the premises heritage or 2 not’, as without jurisdiction and authority of law and the same was accordingly set aside and quashed. 2. Accordingly, it is submitted that in the peculiar facts, the respondents should release the premises in question from the Heritage List Grade – III. 3. Mr. Ghosh, learned Advocate representing the municipality has placed a copy of the Resolution of the Heritage Conservation Committee meeting held on 11th August, 2018 at 11:00 AM and recommended to assign the Grade – III since, there are no special architectural features in this extremely dilapidated building. The matter was thereafter placed before the Mayor-in-Council and the following resolution was adopted on 13th February, 2019:- “(I) That the proposal of D.G. (PMU) regarding recommendations of the Heritage Conservation Committee vide its meeting dated 11.08.2018, Agenda No. 3, Premises no. 16, Sovabazar Street, Ward No. 019 (Architectural style/Grade-pending), as detailed out in the agenda item, is taken up for consideration and is approved. (II) That the recommendation of “Heritage Conservation Committee in its meeting dated 11.08.2018 has recommended to assign as ‘Grade- III’ since there is no special Architectural features in this extremely dilapidated building”, is taken up for consideration and is approved u/s. 425B & 425D of the KMC Act. (III) That D.G.(PMU) shall take necessary action accordingly.” 3 4. In furtherance thereto, the above recommendation was placed before the Kolkata Municipal Corporation and the recommendation of the Mayor-in-Council dated 13th February, 2019 was approved. Let the copies of the aforesaid documents filed in Court today be taken on record. 5. The learned Advocate for the petitioner, at this stage, would submit that the petitioner is interested to challenge the aforesaid recommendations and the resolution taken by the Kolkata Municipal Corporation on 21st May, 2019, accepting the recommendation of the Mayor-in-Council. 6. Having regard to the above, let the writ petition stand disposed of by recording, at this stage, there is no challenge to the recommendation of the Kolkata Municipal Corporation dated 21st May, 2019 declaring the said premises as Grade-III in the Heritage Gradation List. 7. This order, however, shall not stand in the way of the petitioner from challenging the above recommendation, in accordance with law, if so advised. (RAJA BASU CHOWDHURY, J.) S.Seal