Calcutta High Court Stays Proposed Demolition Of Unauthorised Constructions On Mandarmani Beach

The Calcutta High Court has ordered a stay on the demolition of unauthorised constructions on Mandarmani beach till 11th December.

Justice Amrita Sinha was hearing a plea by the Mandarmani Hoteliers Association, representing the hundreds of hotels that would be impacted by the Coastal Authority's orders for the demolition of illegal constructions, following an earlier order by the National Green Tribunal.

In staying the demolition drive, the Court held:

The matter is yet to be heard. The parties are to make formal arguments. As there is an immediate threat of demolition of the constructions which are used by the members of the petitioner for running their business to earn their livelihood, accordingly, the interim order praying stay of operation of the impugned notice is allowed.

According to reports, the chairperson of the district-level committee for the West Bengal Coastal Regulation Zone Authority (WBCZMA) had directed illegal construction of almost 140 hotels to be demolished by 20th November, failing which, legal action would be taken.

The petitioners have stated that the hotels in Mandarmani are the source of livelihood for thousands of people, and demolishing them would render many jobless. It has also been stated that this would have a damaging effect on the sprawling tourism industry in the area.

It is further stated by the petitioners that the construction built by them was not unauthorised, and were in fact sanctioned by the district administration.

In May 2022, the NGT had ordered the demolition of illegal constructions in Mandarmani. The tribunal had noted that these hotels and resorts were built in violation of coastal regulations, causing great harm to coastal and marine ecology.

It also criticised the WBCZMA for failing to enforce the Coastal Regulation Zone (CRZ) Notification by allowing large-scale illegal constructions in the "no-development zone."

Case: Mandarmoni Hoteliers Association Vs. Union of India & Ors

Case No: WPA 27403 of 2024

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