Calcutta HC on Friday directed the Darjeeling municipality to strictly ensure that no unauthorised construction takes place during the pendency of a case alleging unauthorised construction on Darjeeling‘s Mall Road.
Darjeeling municipality, represented by senior advocate Rajdeep Majumder, informed the single bench of Justice Amrita Sinha that “no fresh construction” is taking place. The court was apprised of the beautification plan of Mall Road, which entails ‘extending it sideways’. Justice Sinha was hearing a contempt matter that accused Gorkhaland Territorial Administration (GTA) of making unauthorised construction on Mall Road. The municipality clarified that the beautification work and shifting of the hawkers down the extended road is being done by them, and funds are being provided by GTA.
The judge directed GTA to be made a party in the case and asked for a detailed report on the proposed plan of beautification. Under the regulation for vendors rules, 2018, introduced by the state, Mall Road has been declared a non-vending zone, primarily because of environmental hazards and also because of the chaos it was creating.
The hawkers there were asked to move to another location arranged by Darjeeling municipality. “We are not obstructing or making any construction on Mall Road; we are extending the road and relocating the hawkers. This is according to the agreement between the municipality and hawkers,” the municipality informed the single bench.
Meanwhile, the petitioner pointed to an RTI reply by the municipality that said construction of a building near Sunflower Hotel is being taken up by GTA.
According to the proposal of the beautification project, the road will be extended with seating areas and gardens, and the hawkers will be shifted down the road. “This is not a fresh construction,” the municipality stressed.
