Indian National Trust For Art And Cultural Heritage & Anr. v. The State Of West Bengal & Ors.

1. Heard learned Counsel appearing for the parties.

2. The main grievance of the petitioner is down-gradation of the ‘Calcutta Cosmopolitan Club’ from Grade-IIA to Grade-III in the list of heritage premises within the jurisdiction of Kolkata Municipal Corporation.

3. According to the petitioner, this down gradation of the heritage club building is only for the purpose of allowing the club to make certain additional constructions, which they could not have done, to a Grade-IIA building. This according to the petitioner is total violation of statutory obligation, if such construction is allowed.

4. According to the respondent Calcutta Cosmopolitan Club, they have submitted a plan, which is yet to be sanctioned by the Kolkata Municipal Corporation and they undertake not to put up any construction till the plan is sanctioned by the Kolkata Municipal Corporation.

5. So far as the Kolkata Municipal Corporation, they are yet to look into the plan submitted taking a call in accordance with the procedure contemplated for sanctioning of a building plan.

6. We make it clear that before sanctioning the proposed plan submitted by the respondent Calcutta Cosmopolitan Club, the petitioner is to be heard on the ground raised in the writ petition and then decide issuance of sanction of the said plan strictly adhering to the procedure contemplated. The entire exercise shall be done within a period of two months from the date of receipt of copy of this order.

7. With these observations, the petition is disposed of.

8. It is made clear, non-filing of affidavit-in-opposition by the respondent ‘Calcutta Cosmopolitan Club’ and the Kolkata Municipal Corporation, will not amount to admission of any of the allegations made in the writ petition.