Access road to Karnal BJP office: SC directs Haryana to restore green land to its original state

The Supreme Court on Wednesday directed the Haryana Urban Development body to restore to its original state the green area where 40 fully grown trees were uprooted to build an accessible road to a newly constructed BJP office in Karnal.

A Bench of Justice JB Pardiwala and Justice KV Viswanathan gave three months to Haryana Shahari Vikas Pradhikaran (HSVP) and Karnal Municipal Corporation to restore the green land in a residential colony to its original state.

However, it refused to go into the larger question of the legality of allotment of land in a residential colony adjoining the national highway to the Karnal unit of the BJP, saying it is too late to go into that question.

The Bench – which agreed with the submissions of advocate Bhupender Pratap Singh, appearing for a 1971 war veteran that trees were felled illegally to construct an approach road for the BJP office —was not satisfied with the submission of Additional Solicitor General Vikramjit Banerjee, representing the Haryana Government, that all required permissions were taken for allotment and all green norms were followed.

He assured the court that trees would be planted in proportion to the number of trees that were felled for the approach road.

"It is pathetic that you uprooted fully-grown trees. Why and what happened to these trees? What is your explanation for this? Why can't you get the office of the political party shifted to some other location?" the Bench had on November 26 asked the ASG.

The top court was hearing a petition filed by a 1971 war veteran, challenging the dismissal of his plea by the Punjab and Haryana High Court on May 3 against the arbitrary allocation of a plot in a residential area to the ruling BJP in Haryana and later, the construction of an access road for its office by uprooting 40 fully grown trees situated in a green area.

Singh, appearing for Col Davinder Singh Rajput (retd), a 1971 war veteran, contended that land was not allotted according to norms to the BJP in a residential colony.

Rajput (79) submitted in his plea that he was wounded in the war and a decorated soldier, having been awarded the Vir Chakra for gallantry. He had purchased a plot, measuring 1,000 square yards, in Sector 9, Urban Estate, Karnal, from the Haryana Shahari Vikas Pradhikaran (HSVP), then the Haryana Urban Development Authority (HUDA).

Rajput said he was aggrieved by the arbitrary allotment of the land adjacent to his plot in a residential plotted colony to the ruling political party in the state in complete violation of the provisions of the Haryana Urban Development Act, 1977 and the relevant policies of the Department of Town and Country Planning and HUDA.

Singh told the bench that the high court dismissed Rajput's writ petition and upheld the arbitrary actions of the state, violating the legal and fundamental rights of the petitioner.

"The high court did not appreciate the relevant legislative provisions and policies governing revision in layout plans of a residential plotted colony which mandate institutional/social sites to be located on at least a 24-m wide road," he submitted.

On October 15, the top court directed the Haryana government to maintain the status quo as regards the so-called development that has been undertaken.

The court had called the chief administrator of the HSVP and asked him to remain personally present before it with the entire record. It had asked the HSVP to explain the circumstances in which 40-plus trees were felled in the name of development and what was done with those trees.

-With PTI inputs