HC sets deadline for tribunal
By Rajendra Sharma
Tribune News Service

CHANDIGARH, Nov 24 — The Punjab and Haryana High Court has set February, 1999, as the deadline for the Haryana government to constitute a tribunal to hear appeals against orders passed by the state government for demolishing all buildings that sprung up within a radius of 30 metres on either side of the national and state highways.

These structures were in violation of the Schedule Roads and Controlled Area Act, 1963. The status provides that the 30-metre space on either side of the national and state highways, though remaining in the name of its owners, would be primarily used for the purposes of green belt and future expansion of roads.

According to Mr Ajit Saran, Commissioner, Town and Country Planning, a proposal to make the necessary amendment in the Scheduled Roads and Controlled Areas Act, 1963, had been sent to the Chief Secretary for seeking the nod of the Council of Ministers and piloting it in the next session of the Vidhan Sabha to be held in February next year. Once the proposal is adopted by the Vidhan Sabha, the department will go ahead with the incorporation of the necessary provision in the statute for the setting up of the tribunal.

The order of the High Court for constituting the tribunal could not be complied with by an executive order, said Mr Ajit Saran. He added that since there was no provision in the existing statute for the constitution of the tribunal, it was but imperative to make the necessary amendments in it.

It was in November, 1997, that a Division Bench of the High Court headed by Mr Justice G.S. Singhvi ordered the Haryana Government to take appropriate steps to amend the Act and set up the tribunal within six months. Since the state government failed to comply with this order within the fixed timeframe, it approached the High Court seeking extension in time.

The proposed tribunal will be manned by a former Judge of the High Court and will consist of, among others, a Chief Engineer (retired or serving) having special knowledge about roads and highways.

Disposing of a bunch of petitions seeking regularisation of their buildings raised in violation of the Punjab Scheduled Roads and Controlled Areas Act, the court had directed the state government to take steps to prosecute those persons who were raising such structures and to initiate appropriate administrative action against officers with whose connivance or negligence such illegal structures had come up.

The Judges had also directed the government to amend the 1963 Act so as to provide for substantive punishment involving a jail term to the persons who raised such buildings in violation of the statute, even as an amendment to impose deterrent fines on violators of the Act be made.

Although no new buildings would be allowed to be raised along the national highways and scheduled roads, the Judges had ruled, that those existing before April 28, 1995, would be examined individually and separately by the tribunal.

The court had also directed the government to constitute special courts, of course in consultation with the High Court, for expeditious disposal of cases involving offences under this Act. The Judges had ordered that various courts functioning in Haryana to expedite cases pertaining to illegal encroachment and construction made in violation of the statute.

The setting up of the tribunal would serve due purpose. First, it would minimise the litigation now flowing in the High Court. Secondly, it would decide whether the claim of exemption made by certain petitioners was sustainable or not, even as it would be empowered to hear appeals against order passed hereafter for demolition.