National Green Tribunal 'dismisses as withdrawn' Dr BinaBasnet's challenge to Old West Point School


Summit Report

Gangtok, 03 Mar:

The National Green Tribunal on 02 March dismissed Dr Bina Basnet's challenge to the multilevel car park and mall project coming up at Old West Point School Bus Stand here after her counsel submitted that he be allowed to withdraw the original application after misrepresentations were pointed out in it.

In its order, the NGT's Eastern Zone Bench at Kolkata, pointed out that Dr Basnet's "original application" misrepresented facts about the project when the argument challenging the project in question was supported with documents related to the STNM-Khangchendzonga Square project coming up at a different location.

This was brought to the NGT's attention by counsels representing the ten respondents in the case who pointed out that Dr Basnet, in her application, had presented arguments with reference to the STNM-Khangchendzonga Square project and claimed that it was coming up at Old West Point School complex near Hotel Hungry Jack.

This, the counsels for the respondents pointed out was factually incorrect since the project named by Dr Basnet was coming up at the old STNM Hospital site and not at Old West Point School. The application filed by her had conflated the two projects while securing an interim order against one.

Even the copy of the Expression of Interest for the challenged project submitted in support of the original application refers to the project at Old STNM Hospital but ended up winning a stay order for the project at Old West Point School.

The counsels submitted that the interim order [of stay] was obtained on "false representations of facts."

Dr Basnet's counsel, SwetankShantanu, admitted to the misrepresentation and requested the NGT bench that he be allowed to the withdraw the original application

The NGT permitted him to withdraw the original application and while dismissing it as withdrawn, also fixed a cost of Rs 5,000 on Dr Basnet.

At the NGT hearing, the respondents were represented by PinakiMisra assisted by Sudesh Joshi, Additional Advocate General, ADN Rao, learned Senior Counsel assisted by Dr. Doma Bhutia and Sanjay Upadhay.