Carry out maintenance work in Kansal area: HC

Saurabh Malik

Tribune News Service

Chandigarh, October 3

Refusing to close its eyes to health, hygiene and safety concerns of Kansal area residents, the Punjab and Haryana High Court has directed the authorities concerned to carry out necessary and basic repair, maintenance, improvement and development works in the area.

National Institute of Hydrology report

The direction came after the Bench of Justice Jaswant Singh and Justice Harinder Singh Sidhu took into consideration a report by the Roorkee-based National Institute of Hydrology. Among other things, the report ruled out any adverse effect of construction activity on the flow of water from the Kansal village area to Sukhna Lake.

The direction came after the Bench of Justice Jaswant Singh and Justice Harinder Singh Sidhu took into consideration a report by the Roorkee-based National Institute of Hydrology. Among other things, the report ruled out any adverse effect of construction activity on the flow of water from the Kansal village area to the lake.

The Bench made it clear that its order on the upkeep and repair would include roads, sewerage, drainage, water supply and electricity in the area. The directions came on an application filed by Kansal residents for directions to the state of Punjab and other respondents to allow repair, maintenance and improvement of basic amenities.

Appearing before the Bench on their behalf, senior advocate Gurminder Singh with counsel Gurnoor Singh Sandhu contended that the High Court ordered the demolition of construction in the catchment area of Sukhna Lake nearly 19 months ago.

The directions were being complied with in letter and spirit. It was being ensured that no one carried out any construction in the catchment area. As such, the entire process of maintenance and development had come to standstill, even through the directions had been stayed by the High Court on a review application. “In the meanwhile, residents of Kansal area were facing imminent difficulties and inconvenience due to deteriorating conditions of roads, electricity, sewerage, water supply and drainage…,” it was added.

The Bench, during the course of the hearing, referred to a reply filed by the Nayagaon Municipal Council to the application before observing that development works to be carried out had been identified in Kansal village, but could not be executed owing to it being a catchment area.

The Bench added that a perusal of the short reply filed by the National Institute of Hydrology laid specific stress on the Kansal area. It was clarified that construction in Kansal village was not a hindrance. In fact, the flow of water to the lake was not affected by it.

It concluded: “Under natural conditions of drainage, there is no possibility of decrease in the flow towards the lake due to construction activities”.

“Thus, as per the short reply, irrespective of the dispute whether Kansal village is correctly included in the demarcation of the catchment area as per the Survey of India map dated September 21, 2004, or not, there is no adverse affect of the construction activity on the flow of water from the Kansal village area to the lake,” the Bench observed.

In its detailed order, the Bench added that the court could not shut its eyes to the health, hygiene and safety of residents of the Kansal area falling within the master plan/jurisdiction of the Nayagaon Municipal Council. It could not be neglected or compromised with, especially when the court had stayed the demolition of the constructions.

“The indulgence sought by the applicants is regarding basic amenities which are necessary for a safe and healthy living for residents of such construction, raised within the master plan area, that too after taking necessary approvals and sanctions from the local authorities,” the Bench added.