I.P.MUKERJI, J. - (1.) This writ challenges an order dated 31st March, 2016 passed by the District Magistrate and Chairperson, District Disaster Management Authority, Darjeeling. He has invoked Section 30(2)(xxiii) of the Disaster Management Act, 2005.
(2.) By this order he has asked the writ petitioner to stop construction of a hotel building. The reason why this order of stoppage of construction was being passed is contained in the recitals to that order which are as follows ; "Whereas, it appears that this building is constructed beyond the permissible limit of height as applicable in Darjeeling Municipality; And Whereas it appears that floors in the building exceed the maximum permissible floors allowed in Darjeeling Municipality; And Whereas, it appears that the construction is being done in densely populated area; And Whereas, this region has witnessed various earthquakes and landslides in the recent past; "
(3.) Mr. Bhattacharya, learned Advocate representing the State initially took the point of jurisdiction. He said that this Court had jurisdiction over Municipality matters. The order dated 31st March, 2016 was made under Section 30(2)(xxiii) of the Disaster Management Act, 2005.;