SC scraps Tata housing project near Sukhna

Satya Prakash

Tribune News Service

New Delhi, November 5

The Supreme Court on Tuesday scrapped the Rs 1,800-crore Tata Camelot Housing Colony (Camelot) proposed to be developed by the Tata Housing Development Company Limited near Sukhna Lake, Chandigarh, on the ground that it violated environmental norms.

“Considering the distance of 123 metres from the northern side and 183 metres from the eastern side of the project from the wildlife sanctuary, no such project can be allowed to come up in the area,” a three-judge Bench headed by Justice Arun Mishra said.

Touted as a high end residential building-cum-retail complex, Camelot was to be built in Kansal village (Kharar tehsil of Punjab’s Mohali district) at a cost of Rs 1,800 crore.

However, in a setback to Tata Housing and its investors, the Bench, which included Justices MR Shah and BR Gavai, said the project went against permissible norms as it fell within the catchment area of Sukhna.

Indicting the state administration for violating the public trust doctrine, the Bench said, “The court has to perform its duty in such a scenario when the authorities have failed to protect the wildlife sanctuary eco-sensitive zone.”

“The origination of the project itself indicates that the State of Punjab was not acting in furtherance of Doctrine of Public Trust as 95 MLAs were to be the recipients of the flats.

Quashing the entire exercise of obtaining clearance relating to the project, the Bench said, “We regret that such a scenario has emerged. The entire exercise smacks of arbitrariness.”

“This is a victory for all the residents of Chandigarh as also those living on the periphery… we had started this fight to save the environment and the heritage value of Chandigarh,” advocate Aalok Jagga, who fought a protracted legal battle in the matter, said.

The top court’s verdict came on a petition filed by Tata Housing Development Company Ltd challenging a Delhi High Court’s April 12, 2017, verdict setting aside the permission granted by Nagar Panchayat Naya Gaon to Tata HDCL on July 5, 2013 for construction of the project.

The Delhi High Court had also quashed the Environmental Clearance dated September 17, 2013 granted by SEIAA, Punjab, for development of the project proposed.

Jagga had first filed a PIL in the Punjab and Haryana High Court challenging the permissibility of the housing project on grounds that it violated the Punjab New Capital (Periphery) Control Act, 1952 and was not authorised under the Environment (Protection) Act, 1986 as it was in an eco-sensitive zone and protected area.

A Division Bench had on March 26, 2012, allowed the project to go on subject to grant of relevant permissions, clearances and approvals, The order was challenged by Jagga in the Supreme Court.

On May 14, 2012, while dealing with another PIL started by it suo motu, the Punjab and Haryana HC directed the States of Punjab and Haryana as well as UT Chandigarh to immediately stop construction activities in the Sukhna lake catchment area as per map prepared by the Survey of India and demolish any construction raised in violation of directions issued by it without any notice.

Tata HDCL moved the SC against this order but withdrew it to request the Punjab and Haryana High Court to clarify its order.

By an order dated August 21, 2013, the Punjab and Haryana HC allowed Tata HDCL’s plea and clarified that the May 14, 2012, order would not affect its CAMELOT project.

Aggrieved by this order, the Sarin Memorial Legal Aid Foundation moved the top court. The Foundation also filed a writ petition in the Supreme Court challenging the grant of final environment clearance by the State Level Environment Impact Assessment Authority, Punjab.

On April 22, 2014, the Supreme Court set aside the Punjab and Haryana High Court’s March 26, 2012, order that had allowed the construction to go on subject to necessary clearances and transferred the matter to the Delhi High Court.