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Bar on demolition

Calcutta, April 12: The high court today passed an interim order saying the pollution control board had no authority to order demolition of a building on the ground that it violated environment norms.

However, the division bench said the board had the power to ask the authorities concerned to disconnect water and electricity connections for violation of environment rules.

The court’s order came on a petition by Oswal Vyapaar Private Limited, which owns a resort at Mandarmani in East Midnapore, challenging the decision of the board’s appellate authority, which upheld a directive asking the company to demolish its building.

The board had issued the demolition order as the resort was allegedly constructed within 200 metres of the coastal zone. According to the rules, any construction within 200 metres is illegal.

The petitioner’s counsel argued that the board had no right to order the demolition. “My client had raised the issue before the appellate authority but it said the board deserved the power.”

The lawyer for the board told the court that the directive was passed considering the safety and security of tourists. He argued the resort owner claimed it had obtained sanction from the panchayat before constructing the building.

“According to rules, the board’s clearance certificate is necessary. But the company did not obtain such permission,” he said.

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