The Calcutta High Court granted an interim stay on the demolition of alleged illegal constructions in Mandarmoni, West Bengal, following a petition from the Mandarmoni Hoteliers' Association. The petitioners contested a demolition notice issued by the West Bengal Coastal Zone Management Authority (WBCZMA), arguing that the absence of a published Coastal Regulatory Zone (CRZ) made the demolition order legally invalid. Justice Amrita Sinha suspended the enforcement of the notice until December 13, pending further review. The court directed respondents to submit reports by December 4, with petitioners allowed to reply by the next hearing on December 10.
On November 22, the Calcutta High Court granted an interim stay on the demolition of alleged illegal constructions in Mandarmoni, a seaside resort town in West Bengal's Purba Medinipur district. The Mandarmoni Hoteliers' Association, the petitioner in the case, argued that a notice issued by the chairman of the West Bengal State Coastal Zone Management Authority (WBCZMA) and the district magistrate on November 11 ordered the demolition and removal of illegal structures by November 20. This action was based on a May 2022 directive from the National Green Tribunal (NGT) concerning hotels, resorts, and homestays in the area.
Justice Amrita Sinha, granting an interim stay on the demolition of alleged illegal constructions near the Mandarmoni beach on the Bay of Bengal, ordered that the notice dated November 11 should not be enforced until December 13 or until further notice, whichever comes first. The petitioners argued that the Coastal Regulatory Zone (CRZ) for West Bengal has yet to be published, making it impossible to determine the affected areas. They further contended that the demolition order exceeded legal provisions, and as such, no actions should be taken in compliance with it.
The court observed that the matter is still pending a detailed hearing, with both parties required to present their arguments. Recognizing the immediate threat of demolition at Mandarmoni, Justice Sinha granted an interim stay on the order to demolish the alleged illegal constructions. The court directed the Union of India and other respondents to file reports addressing the petitioner's claims by December 4, and the petitioner is to submit any replies by the next hearing date, December 10.
The Calcutta High Court's interim stay on the demolition of alleged illegal constructions in Mandarmoni offers a significant pause in the ongoing dispute. The court has highlighted the importance of addressing legal and procedural concerns, including the lack of a finalized Coastal Regulatory Zone for West Bengal. With both parties set to present their arguments at the next hearing, this decision ensures a more comprehensive review of the situation. The outcome of the December 10 hearing will be pivotal in determining the future of the constructions and the enforcement of the National Green Tribunal's directive.
Advertisement
Facebook
Whatsapp
