Burdwan Homoeopathic Medical College And Hospital v. State Of West Bengal And ORS.
Sl. No.02 11.11.2024 Suman Ct. 15 WPA 28844 of 2023 Burdwan Homoeopathic Medical College and Hospital Vs.
The State of West Bengal and Ors.
Mr. Uttiya Ray Mr. Arnab Mandal ..for the petitioner Mr. Pritam Chowdhury Ms. Tanuja Basak ..for the State Mr. Subrata Goswami ..for W. B. Heritage Commission Mr. Subhasis Bandopadhyay ..for the Municipality Mr. Monish Sen Ms. Oisani Mukherjee ..for respondent no.9 Let the affidavit-in-opposition filed by Respondent No. 9 be placed on record.
The petitioner alleges that Respondent No. 9 has undertaken demolition work at a temple named "Mahantasthal," which holds heritage status, located at Rajganj, P.S. Burdwan, District Purba Bardhaman. The petitioner contends that Respondent No. 9 has demolished a portion of the heritage structure at the aforementioned premises.
In contrast, learned counsel for Respondent No. 9 submits that the structure in question is an old building, and that only necessary repairs for its maintenance have been carried out.
On October 7, 2024, this Court requested the parties to suggest the name of an appropriate agency and conservation architect to supervise the restoration work. Today, learned counsel representing the West Bengal Heritage Commission has submitted a list of empanelled consultants of the Commission.
It is hereby ordered that the agency named "The Appropriate Alternative" 8, Central Road, Jadavpur, Kolkata-700032, shall undertake the necessary conservation and repair work under the supervision of the West Bengal Heritage Commission. The petitioner has expressed willingness to bear the necessary costs for the conservation and repair work. Accordingly, all costs associated with the conservation and repair work shall be borne by the petitioner.
However, it is clarified that this order shall not be construed as a declaration of ownership of the petitioner over the premises in question.
The necessary conservation and repair work shall be completed within three months from the date of this order. All parties shall fully cooperate with the
agency appointed by this Court and with the West Bengal Heritage Commission.
It is further clarified that, should any dispute arise regarding the conservation and preservation work, the decision of the Heritage Commission shall be final and binding on all parties.
Additionally, this order shall not prevent the Burdwan Municipality from taking appropriate action regarding any unauthorized construction at the premises, in accordance with the law.
Accordingly, WPA 28844 of 2023 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.
(Kausik Chanda, J.)