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regular-article-logo Thursday, 03 July 2025

Calcutta High Court prod for action on illegal high-rises in Darjeeling by July 12

Ritesh Portel, former chairman of the Darjeeling municipality, had approached the circuit bench, alleging that the civic body had not followed the court’s direction regarding a high-rise at D.B.Giri Road in ward 12

Vivek Chhetri Published 03.07.25, 10:51 AM
Calcutta High Court

Calcutta High Court File picture

The spotlight is back on illegal high-rises in Darjeeling after the Jalpaiguri circuit bench of Calcutta High Court directed the hill civic body to look into the issue of a particular tall building by July 12.

Ritesh Portel, former chairman of the Darjeeling municipality, had approached the circuit bench, alleging that the civic body had not followed the court’s direction regarding a high-rise at D.B.Giri Road in ward 12.

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He said the sanction had been granted for a ground-plus-three-storied (G+3) building. The owner, however, constructed a ground-plus-six-story building.

When Portel was the chairman of the municipality helmed by Ajoy Edwards’s Hamro Party in 2022, he issued an order to demolish the illegal portion.

The owner of the building, however, approached the district civil judge (senior division), which set aside the order on the ground that it must have been issued by the board of councillors and not the chairman according to municipality norms.

The Darjeeling court also said that the municipality was, however, at liberty to proceed under law.

Portel then approached the circuit bench, alleging that the municipality was not taking action against the illegal high-rise. The bench issued an order on April 29, 2024, directing the municipality to take appropriate steps under the law.

Portel, however, said that the Darjeeling municipality had again issued a demolition notice through the chairman-in-council and not the board of councillors. The same order was again challenged in the Darjeeling court and set aside.

Portel went to the circuit bench for the second time, saying the civic body had once again erred in issuing a proper order. The bench directed the municipality to take appropriate action by July 12 in accordance with the law.

Dipendra Thakuri, the civic chairman, said the municipality would follow the direction of the circuit bench. “The board of councillors will soon sit for a meeting,” said Thakuri.

The Hamro Party, which later became the Indian Gorkha Janshakti Front, said the municipality had issued notices to 44 highrises when the party was in power.

“We will continue to revisit each of these highrises. We are not getting into high-rises that were built before our tenure. We want to put a stop to highrises in Darjeeling,” said Edwards.

According to Rule 162 of the West Bengal Municipality Building Rule 2007, hill municipalities can sanction buildings up to a height of 11.5 metres.

Besides, civic bodies have to obtain prior approval from the state government for construction up to 13.5 metres.

A building with a height of 11.5 meters has roughly four stories. But hundreds of buildings have come up in Darjeeling flouting the height restriction.

In 2015, the Darjeeling civic body had identified 337 illegal high-rises in just eight of 32 wards. The same year, notices were sent to 61 buildings, but no concrete action has been taken. The eight wards covered Chowrasta, Chowk Bazar and Judge Bazar area.

Over the years, a few building slabs have been dismantled for unlawful construction. But many illegal high-rises have come up, turning the hill town into a concrete jungle, making Darjeeling unsafe and obstructing views.

In 2012, the civic board said it would “impose hefty fines” on illegal buildings and regularise those structures. Boards before 2012 also followed the practice without making any public announcement.

However, there is a court order for another civic body in the state that states illegal constructions cannot be regularised by imposing a fine.

The issue of high-rise is said to be one of the reasons for the Bharatiya Gorkha Prajatantrik Morcha (BGPM) to topple the Hamro Party-led Darjeeling civic board.

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