P&H High Court bans construction in 16 villages near Chandigarh over environmental concerns

The Punjab and Haryana High Court on July 22 banned constructions and barred the transfer of land in at least 16 villages near Chandigarh over environmental concerns [Sukhraj Singh Chahal v State of Punjab]

A Division Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor directed Punjab Chief Secretary to immediately constitute a committee to examine the old revenue records and determine the area of forest land in these villages in Mohali, as it existed on the date of enforcement of the Forest (Conservation) Act, 1980.

The same has to be done within six weeks.

The Court noted that in the revenue records, the villages are prima facie shown to be ‘forest land’ and their demarcation has not yet been carried out despite the directions issued by the Supreme Court in 2014.

"We deem it appropriate to restrain all construction/development activities in the said village(s). We also direct the State of Punjab as well as the Deputy Commissioner, Mohali, to ensure that appropriate demarcation of ‘forest land’ is carried out in the adjoining/nearby villages, namely Karoran, Nada, Parch, Sunk, Majrian, Choti Bari Nagal, Parol, Siswan, Pallanpur, Saini Majra, Dulwan, Burana, Gochar, Mirzapur, Tarapur and Sultanpur, in a similar fashion as directed by the Supreme Court," the Bench directed.

The Court also barred further transfer or alienation of land in these villages, stating that it has serious doubts regarding the credibility of the revenue entries in view of the serious allegations of manipulation of such entries as certain parts of the land have been declared to be private.

It added that any violation of this direction shall be treated as an act of contempt of court.

"We further direct that for a period of six weeks or till the conclusion of this exercise, no further mutation entries, etc., shall be made in the revenue records," the Court ordered.

The Court passed the directions in a batch of petitions raising serious concerns regarding the environment and ecology in the vicinity of Chandigarh.

The Court was told that demarcation of forest land has not been carried out in the villages in terms of the directions issued by the Supreme Court in 2014.

It was also submitted that though restaurants were shut down in the area, a large number of other commercial activities have been allowed to flourish, with massive constructions being permitted in the area.

It was also argued that State of Punjab was colluding with the violators of law since many senior officers had secured prime farmland located extremely close to Chandigarh, which is one of the most sought-after locations for developing an urban township in the country.

The Court found that the State of Punjab was yet to file affidavit reporting compliance with the directions issued by the Supreme Court.

It said the area in question is situated in the foothills of the Shivalik Hills and is an environmentally fragile area.

"Its preservation is of utmost importance for the protection of the environment and ecology. The manner in which such an area is being allowed to be commercialized, without effective steps being taken for the preservation of the forests, not only violates the mandate of the PLP Act, 1900 but also reflects the failure on the part of the State to preserve the environment," the Bench said.

Senior Advocate Anand Chibbar and advocate Ateevraj Sandhu along with advocates RBS Chahal, Shubham Thakur and Ajaivir Singh represented the petitioners.

Additional Advocate General Maninder Singh Garcha with advocates Priyanka Malik and Mehak Kanwar appeared for the State.

Advocates Shekhar Verma and Neetu Singh appeared for Greater Mohali Area Development Authority.

Senior Advocate DS Patwalia with advocate Gauravjit S Patwalia and Lagan K Sidhu appeared for private respondents.

[Read Order]