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HC Judgement: Court orders Darjeeling Municipality to halt unauthorized construction on Mall Road

#Law & Policy#India#West Bengal#Darjeeling
Last Updated : 7th Mar, 2025
Synopsis

The Calcutta High Court has directed Darjeeling municipality to prohibit unauthorized construction on Mall Road while hearing a case against alleged illegal development. The municipality defended its actions, stating that the current work is part of a Gorkhaland Territorial Administration (GTA)-funded beautification project, including road expansion and hawker relocation. However, the petitioner presented an RTI response suggesting GTA was constructing a structure near Sunflower Hotel. The court has now ordered GTA's inclusion in the case and requested a detailed project report. The final ruling will determine if the redevelopment aligns with legal requirements.

The Calcutta High Court has asked the Darjeeling municipality to firmly prohibit any unlawful development on Mall Road while a case is being heard on the matter. During the hearing, the Darjeeling municipality, represented by senior counsel Rajdeep Majumder, assured the single bench of Justice Amrita Sinha that no new development was underway. The municipality indicated that the current construction was part of a beautifying plan that included expanding the road sideways. The court was reviewing the complaint, which accused the Gorkhaland Territorial Administration (GTA) of carrying out unlawful construction on Mall Road.


The municipality emphasized that they were carrying out the beautification initiatives, including the relocation of hawkers, with financial backing from the GTA. The court has now ordered that GTA be included as a party to the dispute and asked for a detailed report explaining the scope and execution of the beautification project. Mall Road was designated a non-vending zone by the state in 2018 due to environmental concerns and traffic congestion caused by street sellers. As a result, hawkers in the neighborhood were asked to relocate to another location designated by the municipality. The municipality further stated that they were not impeding or building anything new on the Mall route but rather extending the route in accordance with an agreement with the hawkers.

However, the petitioner cited an RTI response from the municipality, which stated that GTA was constructing a structure near Sunflower Hotel. According to the beautification project concept, the enlarged stretch of the road will feature lounging places and gardens, with hawkers relocated further down. The municipality underlined that this work is not a new building but rather an upgrade to the existing space.

The decision by the Calcutta High Court emphasizes the ongoing concerns regarding unauthorized development in strategic locations in Darjeeling. The final verdict will determine whether the redevelopment meets legal requirements or if further control is required to avoid unlawful growth in the region.

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