SC stays new Haryana law that allows construction in Aravalis

Satya Prakash
Tribune News Service
New Delhi, March 1

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The Supreme Court today restrained the Haryana Government from implementing a recently enacted law that allowed construction activities in the Aravalli hills in the state and sought to legitimise many illegal constructions retrospectively.

Terming the overturning of its order a “misadventure” on part of the state, a Bench headed by Justice Arun Mishra said the amended Punjab Land Preservation Act was sheer contempt of court. On behalf of the Haryana Government, state’s Additional Advocate General Anil Grover told the Bench that an amendment to the Punjab Land Preservation Act, 1900, had been passed by the state Assembly but it was yet to get the Governor’s assent.

He said the state would like to file its submissions along with a copy of the amended law, but the court was not convinced. Amid protests by the Congress and INLD, the Haryana Assembly had on February 27 passed the Punjab Land Preservation (Haryana Amendment) Bill, 2019, aimed at striking a balance between development and environment.

Under the Punjab Land Preservation (Haryana Amendment) Act, 2019, the new provisions would be deemed to have come into force from November 1, 1966.

Environmental activists apprehended that the amendment would have an adverse impact on the Aravallis, which cover 16,000 acres plus land in Gurugram and more than 10,000 acres in Faridabad, as it would legalise many illegal constructions awaiting demolition, including Kant Enclave — declared forest by the Supreme Court. Several residents had protested the amended law in Gurugram on Sunday.

The Supreme Court had last year ordered demolition of illegal structures in Kant Enclave — spread over 425 acres — that came up after 1992.

It is estimated that the amended law would legalise more that 100 farmhouses/banquet halls said to have been constructed on forest land in Faridabad.

As amicus curiae, senior counsel Ranjit Kumar drew the court’s attention to the PLPA amendment by the Haryana Assembly, the top court said it knew that Haryana Government would favour builders.

“That is why we had warned you earlier… but it’s shocking that you went ahead despite our warning,” the Bench said, staying operation of the amended law.

The new amended PLPA will now not be applicable on lands included in the “final development plans”, “town improvement plans” or schemes published under the Faridabad Metropolitan Development Authority Act of 2018, Gurugram Metropolitan Development Authority Act of 2017, Haryana Municipal Corporation Act of 1994, Haryana Development and Regulation of Urban Areas Act of 1975 and the Faridabad Complex Act of 1971.

The Congress had termed the Bill as the “biggest scam” of the “so-called honest government”. Chief Minister Manohar Lal Khattar had asserted that the Bill had been brought in to strike a balance between development and environment. 

SC to haryana: you think you are supreme? 

Do you think you are supreme? You are not supreme… the rule of law is supreme. —SC Bench to Haryana