HC directs Darjeeling Municipality to halt illegal constructions
Darjeeling: Following a Public Interest Litigation (PIL,) the Calcutta High Court on Wednesday passed an interim order directing the Darjeeling Municipality to ensure that no illegal construction takes place within municipal limits until the next date of hearing.
Chandrani Sinha, an environmental journalist, in a PIL filed in November 19 2025, highlighting ecological risks in the hill town, flagged unchecked high-rise buildings, hill cutting and alleged violations of building regulations in a seismic-zone-VI and landslide-prone region.
The PIL stated that the petitioner is aggrieved by the continued failure, inaction, and dereliction of statutory duties by the authorities — including the Central and state governments, municipality, GTA, and others — in allowing widespread unauthorised constructions and failing to ensure public safety, environmental protection, and lawful governance in the hill and flood-prone areas of North Bengal.
After hearing all the sides on January 21, the bench constituted by Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, as an interim measure directed: “...it shall be duty of Municipality to ensure that till next date of hearing no illegal construction is permitted in Darjeeling Municipality area.” The bench further directed that petitioners may file their affidavit-in-reply within two weeks therefrom. The matter will be listed again after completion of pleadings.
The petitioner’s counsel argued that repeated representations to civic authorities had failed to curb unauthorised structures and warned that such activity could further aggravate disaster vulnerability in Darjeeling.
“If we lose the hills today, tomorrow the entire North Bengal will face the consequences. What we leave behind for future generations matters,” stated Sabyasachi Chatterjee, representing the petitioner.
The PIL highlights the major calamities recorded in Darjeeling’s history including the landslides and flash floods of October 1968, triggered by approximately 1000mm of rain over 52 hours, with the death toll exceeding 1000 people; the landslide and flash floods of 1975, 1980 and 1991. A report by the Centre for Sciences and Environment in 1991 stated that between 1902 and 1978, the Teesta Valley alone experienced nine cloudburst occurrences.
On May 26-27, Cyclone Aila triggered 465mm of rain within 48 hours triggering landslides that killed 7 people. In September 2011 there were a number of landslides triggered by an earthquake. In June-July 2015 heavy rains triggered at least 25 landslides with around 40 dead and many missing. In October 2024 Darjeeling recorded 83 landslides. On October 4-5, 2025 late monsoon rains triggered flash floods and landslides in the Hills and floods in the plains. By October 10, the combined death toll of Darjeeling landslides and North Bengal floods had touched 40 with thousands displaced.
The petitioner had also filed an RTI requesting the Darjeeling Municipality chairman to provide a list of all buildings that violated building norms and against which notices have been issued. The information provided was not satisfactory and paved the way for the PIL.
