NGT stays construction of 14 story parking complex in view of alleged threat to the fragile ecology of Gangtok in Sikkim

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The National Green Tribunal on Tuesday has directed a stay on the construction of a Multilevel Car Parking cum Shopping Hub at Old West Point School Area near Hotel Hungry Jack Gangtok, Sikkim.

The Eastern Zone Bench of NGT, Kolkata headed by Justice B Amit Sthalekar and Exper Member Saibal Dasgupta noted that "there shall be a stay on construction in the area with reference to the multilevel car parking-cum-Shopping Hub in the area in question."

The plea filed by Dr Bina Basnett through Advocates Pratap Shankar and Swetank Shantanu stated that the parking complex of 14 storeys is a grave threat to the fragile ecology of the area and also to the life and limb of the people residing in the area.

It was submitted before the bench that the maximum height of buildings constructed in allotted sites or private holdings within a 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 the Mines and Geology Department from time to time which is given in the notification.

The Counsel further submitted that "the State of Sikkim comes under Seismic Zone IV- a zone of considerable vulnerability and in this area earthquakes are commonly of 4.5 to 5.5 magnitudes on the Richter Scale."

The bench opined that the matter requires the consideration of the Court.

The plea has alleged that the construction of the building will have an adverse impact on the whole ecology of the town of Gangtok which may result in earthquakes, landslides, air, water, and noise pollution, etc.

The applicant herein has sought for the status quo on the construction of the building stating that the grant of sanction for the construction given by the State of Sikkim was illegal and does not have any basis.

In addition to this, it was further stated that no environmental impact assessment has been done with respect to the construction of the building.

The bench has sought responses from the respondents within four weeks and listed the matter for further hearing on March 2, 2022.