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Calcutta HC stays demolition of 140 Mandarmani hotels until Dec 13

  • Calcutta High Court issues interim stay on the demolition of 140 Mandarmani hotels until December 13
  • Hotel owners challenge legality of 1999 directive, question unclear boundaries and tribunal’s committee composition
  • Justice Sinha schedules next hearing for December 10 to address legal and environmental concerns

22 Nov 2024

Calcutta HC stays demolition of 140 Mandarmani hotels until Dec 13

The Calcutta High Court has issued an interim stay on the demolition of 140 hotels and restaurants in Mandarmani, Purba Medinipur, preventing any further action until December 13. The stay was granted after the hotel owners challenged the demolition notices issued by the District Magistrate of Purba Medinipur. These notices were based on a directive from the National Green Tribunal (NGT), which had ordered the removal of illegal constructions in environmentally sensitive areas, including Mandarmani.

The District Magistrate’s directive followed the NGT’s order that mandated the removal of constructions violating environmental norms, with a particular focus on coastal areas. Mandarmani, a popular tourist destination in West Bengal, became a subject of scrutiny due to concerns over the environmental impact of unauthorized buildings. The NGT’s order required the demolition of structures that were deemed to have violated environmental regulations, including hotels and resorts built in restricted zones.

During the hearing on Friday, Justice Amrita Sinha raised questions regarding the legality of the notices and whether the hotel owners had been properly informed about the exact boundaries of the restricted areas. The court also inquired whether the hotel owners had been given an opportunity to address the issues raised by the NGT order. Kalyan Banerjee, the lawyer representing the hotel owners, pointed out that the hotels had been in operation for many years, some for 15 to 20 years, and that the relevant laws regarding such demolitions did not exist at the time the hotels were built.

Banerjee further challenged the enforcement of the demolition order, stating that the 1999 directive, which formed the basis for the current action, was not being applied consistently and had not been enforced for many years. He argued that the tribunal’s decision lacked clarity on the specific actions to be taken, especially when there was a long gap between the original 1999 order and the current demolition notices. He also raised concerns about the composition of the committee formed by the Green Tribunal, arguing that it consisted of only five members, while the tribunal’s rules stipulate six members, rendering the decision legally questionable.

The hotel owners also raised concerns about the repeated notices they had received over the years, with no clear explanation of the legal boundaries or restrictions. Chittaranjan Das, the leader of the hotel owners’ association, expressed frustration over the lack of response to their repeated queries regarding the demarcation of the restricted areas. He stated that, despite receiving multiple notices, the authorities had failed to clarify where the legal boundaries for construction existed, leaving the hotel owners in a state of uncertainty.

Justice Sinha, after hearing the arguments, issued an interim stay on the demolition order, which will remain in place until December 13. The next hearing is scheduled for December 10, where the court will revisit the case and examine the legal and environmental aspects further. The stay order has temporarily alleviated the concerns of the hotel owners, but the future of the demolitions remains uncertain, as the court continues to review the case.

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Calcutta HC stays demolition of 140 Mandarmani hotels
Calcutta High Court issues interim stay on the demolition of 140 Mandarmani hotels until December 13





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