4 yrs on, High Court seeks clear demarcation of lake catchment

Saurabh Malik

Tribune News Service

Chandigarh, August 7

More than four years after the Punjab and Haryana High Court directed the demolition of constructions in the Sukhna Lake’s catchment, a Division Bench today asserted physical demarcation of the area was required to be completed at the earliest.

The Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal also ordered a panel of technical experts to initially determine whether the High Court campus overlapped the Sukhna catchment area. The direction is significant as the HC order on demolishing the constructions in the area could potentially affect the court’s own premises. Ever since the passing of the order in March 2020, concerns were raised that its new wing might be a part of the catchment.

The “original” High Court building was set up in 1954-55, before the man-made lake came into being. Since the lake was not in existence at the time of the High Court’s construction, there was neither catchment area, nor any possible violations of rules. But the new wing, comprising an auditorium and other structures, came into existence much later, definitely much after the construction of lake.

“As to whether the High Court campus lies within the catchment area as per the Survey of India Map dated September 21, 2004, becomes relevant to the issue involved and, therefore, physical demarcation of the said catchment area of Sukhna Lake is required to be completed at the earliest,” the Bench asserted.

Going into the background of the matter, the Bench observed a relevant aspect in the present case was whether the HC campus came within the catchment area. The court, while hearing a “Court on its own motion” or suo motu case on saving the Sukhna Lake in March 2020 had declared all commercial, residential and other structures constructed in the catchment area falling in Punjab, Haryana and Chandigarh illegal and unauthorised before ordering the carrying out of demolition drive within three months.

The Bench observed that the order was stayed by coordinate Bench on December 18, 2020, to the extent of demolition of constructions in the catchment pursuant to filing of review-applications. But restraint against construction or building activities of any kind in the catchment area was not disturbed.

The Bench, during the course of hearing, also expressed its displeasure over the delay in constituting the committee, which was initially proposed in September 2022. It issued a stern warning to Panjab University, Punjab and Haryana to appoint their nominees within a week, failing which coercive action will be taken.

March 2020 observation of court

The Punjab and Haryana High Court had in March 2020 declared Sukhna Lake a legal entity, and ordered demolition of legal/unauthorised constructions in its catchment area within three months. The court had slapped costs of Rs 200 crore on Punjab and Haryana before directing its chief secretaries, along with the UT Adviser, to constitute a high power committees to fix responsibility of authorities accountable for “such large scale” unauthorised constructions.