Sikkim: National Green Tribunal ordered stay for construction of 14 storey parking cum shopping complex at Gangtok.

NGT Eastern Zone Bench in Kolkata imposed stay on the construction of 14 storeys car parking cum shopping hub at the Gangtok at Sikkim till march.

 The National Green Tribunal has imposed a stay on the construction of 14 storeys car parking cum shopping hub at the Gangtok at Sikkim till march 2022.

    The bench of Justice B Amit Sthalekar, Judicial Member and Justice Saibal Dasgupta, Expert Member passed the direction on a plea, by Dr. Bina Basnett, a politician and social worker, alleging that the construction of 14 storeys tall  is a grave threat to the fragile ecology and life and limb of the people as the area is prone to earthquakes.

The Government of Sikkim has let the illegal construction to a Siliguri-based company  on a public-private partnership (PPP) model with the state government at old West Point School near Hotel Hungary Jack.

    The NGT has also sought response from the Sikkim State Disaster Management Authority, Sikkim State Pollution Control Board, Deputy Commissioner, State Environment Impact Assessment Authority, Forest and Environment Department and Gangtok Municipal Corporation.

    It was contended by the Applicant, Dr. Bina Basnett, through learned Advocate, Mr. Pratap Shankar, that as per the government notification dated 5.04.2021, the construction is wholly impermissible. 

The notification contains the maximum height of buildings constructed in alloted sites or private holdings within the notified area shall be in accordance with the suitability and profile of the locations based on the stability map of the area as prepared by Mines and Geology Department from time to time.

    It was also contended that the construction of more than 5 1/2 storeys in height is wholly impermissible because as per the Report of the aftermath earthquake on 18.09.2011, the State of Sikkim comes under the Seismic Zone IV - a zone of considerable vulnerability and in the area earthquakes are commonly of 4.5 to 5.5 magnitudes on the Richter Scale.

    The bench took notice of the contentions raised and ordered for filing of counter affidavit within four weeks and also directed stay till the next date of listed i.e 2.03.2022.