HC directs status quo on STP construction in Zirakpur residential zone, cites Master Plan violation

The Punjab and Haryana High Court has directed maintenance of status quo on the construction of a sewage treatment plant (STP) in Zirakpur’s densely populated Sanauli-Kishanpura belt after petitioners alleged that the project was being executed in flagrant violation of the notified Master Plan and without mandatory public consultation.

The Bench of Justice Namit Kumar and Justice Manisha Batra passed the interim order after hearing arguments in a writ petition seeking a prohibition against the Zirakpur Municipal Council from proceeding with the STP's construction on residential land without adhering to statutory safeguards.

The petitioners, Lakeview Complex Residents Welfare Association and others, through counsel Munish Jolly, pointed out that land parcels in Sanauli and Kishanpura villages were being used for constructing the STP, although the area was marked for residential use under the notified Master Plan. It was argued that no prior permission had been sought from the competent authority, as required under the Punjab Regional and Town Planning and Development Act, 1995. The STP, Jollly submitted, was being set up adjacent to a school with 700 students and in a locality housing nearly 20,000 people, without any environment impact assessment or invitation for objections from affected residents. He contended that public consultation was mandatory before such a change of land use or development activity could be undertaken.

Jolly questioned the deliberate bypassing of two sites specifically earmarked for utilities, including an STP, under the notified Master Plan. These sites, he contended, were identified by an expert body after a comprehensive physical survey and were included in the draft plan that had been placed before the public for objections and suggestions.

Jolly submitted that the failure to either utilise the designated utility zones or seek an amendment to the Master Plan raised serious concerns. “The reason for not applying for an amendment of the Master Plan is not far to seek, as two sites have already been notified for such utility purposes,” the petition stated, adding that the decision to locate the STP in a residential zone — without statutory justification—was arbitrary and violative of Article 14 of the Constitution.

Noting the contentions, the Bench issued notice of motion and directed all parties to maintain status quo on the STP’s construction. The matter will now be taken up on August 28.