Saurabh Malik

Tribune News Service

Chandigarh, March 2

Master plan void Nayagaon Master Plan 2021, which was notified on January 2, 2009, as well as Shri Mata Mansa Devi Urban Complex development plan declared illegal/void to ‘the extent that maps/plans cover areas depicted by Survey of India map”

The Punjab and Haryana High Court today declared Sukhna Lake legal entity, ordered demolition of legal/unauthorised constructions in its catchment area within three months and slapped unprecedented costs of Rs 200 crore on Punjab and Haryana before directing its Chief Secretaries, along with UT Adviser, to constitute high-power committees to fix accountablility for “such large-scale” unauthorised construction.

The Bench minced no words to say that a Single Judge, who stayed demolition, could not have passed orders contrary to Division Bench directions against unauthorised construction activity in the catchment area as per Survey of India map.

The Bench of Justice Rajiv Sharma and Harinder Singh Sidhu asserted the defaulters throughout knew about the existence of Survey of India map of the catchment area. Yet, construction activity was carried out with impunity. The map makes it clear that villages of Kaimbwala and Khuda Alisher in Chandigarh, Nayagaon and parts of Kansal in Punjab and parts of Saketri in Haryana form part of the catchment area. The area over the years witnessed intense construction activity by VIPs.

Justice Sharma ruled the state functionaries could not be oblivious of the large-scale construction in the catchment and its surrounding areas in negation of law. Punjab, Haryana and UT kept on assuring the court that unauthorised construction would not be undertaken, but it remained unabated leading to a grim situation.

“The State connived with the defaulters by providing them with electricity and water connections. It is expected from the functionaries discharging sovereign/regal functions to be on the right side of law. The States cannot run with the hare and hunt with the hound. The weak administration permitted mushrooming of unauthorised constructions in a very fragile eco-sensitive areas/catchment area, causing irreparable damage to ecology”.

Extending the viewpoint to Sukhna Lake and according it the status of juristic/legal person/living entity... may go a long way in preserving the water body...

Going into the background, Justice Sharma observed the Punjab Governor was satisfied that land was required to be taken by the government at public expense for carrying out soil conservation measures in the catchment area in Kharar tehsil. As such, the State of Punjab issued a notification way back on March 15, 1963, under the Land Acquisition Act. The UT Land Acquisition Collector was asked to take possession of the waste and arable land, houses and other structures on the land as per the specifications therein. Subsequently, the catchment area was demarcated by the Surveyor General of India.

Justice Sharma said an affidavit filed in November 2011 specifically admitted large number of constructions in peripheral and adjoining areas in the towns of Mohali, Zirakpur, Panchkula, Manimajra and Nayagaon, besides Kansal, Karoran and Nada located in peripheral areas constituting Nayagaon Nagar Panchayat.

Punjab throughout was aware of the map and was party to proceedings leading to its finalisation. “The area falling in the catchment areas delineated by the Survey of India in 2004 map could not be included in the master plan of Nagar Panchayat Nayagaon.”

The Bench lays it down...