Sept. 9: Bimal Gurung, the chief executive of the Gorkhaland Territorial Administration (GTA), today took the Bengal government to court for “encroaching” on the jurisdiction of the hill council and “interfering” in its work.
Gurung’s contention before Justice Nadira Patherya of the Calcutta High Court was that by inviting tenders for the construction of three roads in areas that come under the jurisdiction of the GTA, the north Bengal development department of the state government had violated the provisions of the GTA Act.
Justice Patherya stayed the tender process and asked the state government to file an affidavit stating its position on September 16 when the court will hear the case again.
Appearing on behalf of Gurung, who is also the chief of the Gorkha Janmukti Morcha, lawyer Ayanava Raha told the court that the north Bengal development department had floated the tenders and construction would begin soon.
Raha said: “According to the GTA Act, only the hill body has the power to invite tenders and distribute the jobs for development work. Section 26, Section 26 (xliii) and Section 32 of the GTA Act say that neither the state government nor any of its department has the right to float such a tender.”
Raha added: “By doing this, the state government is encroaching on the jurisdiction of the GTA and interfering in the work of the hill body. The court should ask the state government to hand over the construction job to the GTA and ask it to float fresh tenders.”
No lawyer representing the state government was present in the court today. The court’s decision will be conveyed to the state by the court officer.
Earlier, too, the Morcha had protested the state government’s attempts to “encroach” on the jurisdiction of the GTA.
On her recent visit to Kalimpong, chief minister Mamata Banerjee had announced the setting up of a steering committee, headed by the district magistrate of Darjeeling, to maintain the mountain streams through the 100-day work scheme.
The Morcha leadership had criticised this and maintained that the GTA Act specified that work under the 100-day work scheme could only be allotted by the hill body.
The Morcha leadership had also said Mamata’s decision to set up a chief minister’s office in Darjeeling could lead to “dual administration” in the Darjeeling hills.
Today, GTA Sabha member P.T. Ola said: “Our basic contention in the writ petition is that the state government is interfering with the autonomous character of the GTA.”
Binay Tamang, executive member, GTA Sabha, and assistant general secretary of the Gorkha Janmukti Morcha, said: “An autonomous body has been formed to administer the hills and we will not accept interference in its working.”
The three roads for which tenders have been floated are the stretches between Payung and Lower Dalapchand in Kalimpong sub-division (at a cost of Rs 2.51 crore), Gairygoan Pathak and Maneybara in Darjeeling sub-division (at a cost of Rs 1.35 crore) and Pankhabari Road and Thapakhali in Kurseong sub-division (at a cost of Rs 2.31 crore).
These roads are being constructed under the Rural Infrastructure Development Fund, a centrally sponsored scheme. The funds under this scheme are channelled through the state government.
“So far, the GTA has been undertaking projects under the scheme,” Tamang said. “Now the state government is attempting to do this in areas under the GTA. This has to stop. This is why we have moved the court.”
Tamang said that the GTA had gone to the court after the state government failed to respond to a letter from Gurung pointing out that construction of roads came under the jurisdiction of the GTA.
Angered by the state government’s attempts to “interfere” in the workings of the GTA and “usurp” its powers, Gurung had recently raked up the Gorkhaland statehood issue after a gap of a year.
“For almost two years now, we have been crying hoarse over interference by the state government. Since the state government has not heeded our request to not encroach on the jurisdiction of the GTA, the only option left with was to take the government to court,” said a Morcha leader.
Source: Telegraph
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| GTA files case against state govt for violating GTA Act. |
Justice Patherya stayed the tender process and asked the state government to file an affidavit stating its position on September 16 when the court will hear the case again.
Appearing on behalf of Gurung, who is also the chief of the Gorkha Janmukti Morcha, lawyer Ayanava Raha told the court that the north Bengal development department had floated the tenders and construction would begin soon.
Raha said: “According to the GTA Act, only the hill body has the power to invite tenders and distribute the jobs for development work. Section 26, Section 26 (xliii) and Section 32 of the GTA Act say that neither the state government nor any of its department has the right to float such a tender.”
Raha added: “By doing this, the state government is encroaching on the jurisdiction of the GTA and interfering in the work of the hill body. The court should ask the state government to hand over the construction job to the GTA and ask it to float fresh tenders.”
No lawyer representing the state government was present in the court today. The court’s decision will be conveyed to the state by the court officer.
Earlier, too, the Morcha had protested the state government’s attempts to “encroach” on the jurisdiction of the GTA.
On her recent visit to Kalimpong, chief minister Mamata Banerjee had announced the setting up of a steering committee, headed by the district magistrate of Darjeeling, to maintain the mountain streams through the 100-day work scheme.
The Morcha leadership had criticised this and maintained that the GTA Act specified that work under the 100-day work scheme could only be allotted by the hill body.
The Morcha leadership had also said Mamata’s decision to set up a chief minister’s office in Darjeeling could lead to “dual administration” in the Darjeeling hills.
Today, GTA Sabha member P.T. Ola said: “Our basic contention in the writ petition is that the state government is interfering with the autonomous character of the GTA.”
Binay Tamang, executive member, GTA Sabha, and assistant general secretary of the Gorkha Janmukti Morcha, said: “An autonomous body has been formed to administer the hills and we will not accept interference in its working.”
The three roads for which tenders have been floated are the stretches between Payung and Lower Dalapchand in Kalimpong sub-division (at a cost of Rs 2.51 crore), Gairygoan Pathak and Maneybara in Darjeeling sub-division (at a cost of Rs 1.35 crore) and Pankhabari Road and Thapakhali in Kurseong sub-division (at a cost of Rs 2.31 crore).
These roads are being constructed under the Rural Infrastructure Development Fund, a centrally sponsored scheme. The funds under this scheme are channelled through the state government.
“So far, the GTA has been undertaking projects under the scheme,” Tamang said. “Now the state government is attempting to do this in areas under the GTA. This has to stop. This is why we have moved the court.”
Tamang said that the GTA had gone to the court after the state government failed to respond to a letter from Gurung pointing out that construction of roads came under the jurisdiction of the GTA.
Angered by the state government’s attempts to “interfere” in the workings of the GTA and “usurp” its powers, Gurung had recently raked up the Gorkhaland statehood issue after a gap of a year.
“For almost two years now, we have been crying hoarse over interference by the state government. Since the state government has not heeded our request to not encroach on the jurisdiction of the GTA, the only option left with was to take the government to court,” said a Morcha leader.
Source: Telegraph
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