Illegal construction in Aravallis: High Court to consider panel for physical verification

Saurabh Malik

Chandigarh, August 26

The Punjab and Haryana High Court has made clear its intent to consider the plea for constituting a fact-finding committee under a retired HC Judge to undertake physical verification of illegal constructions in the Aravalli hills.

The directions by the Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli came after PIL-petitioner Harinder Dhingra alleged that “more than a kilometre road had been built illegally only to facilitate the construction being undertaken by an ex-minister and former MLA”.

Hearing fixed for November 2

The prayer of the petitioner(s) for constituting the fact-finding committee under a retired HC Judge to undertake physical verification in respect of the illegal constructions and the factual report given by the state will be considered on November 2. —Chief Justice Ravi Shanker Jha and Justice Arun Palli, HC bench

As the case came up for resumed hearing before the Bench, counsel for the petitioner KS Khehar alleged that unauthorised construction in the Aravallis continued unabated, contrary to the status report submitted by the respondent-authorities of the State by way of an affidavit dated August 18 by Haryana Under-Secretary, Forests and Wildlife Department, Amita Ahuja.

Referring to the kilometre-long road, he said the affidavit filed by the state was factually incorrect as even today construction was going on. He also prayed for initiating proceedings against the State authorities filing such affidavits.

Appearing before the Bench, an Additional Advocate-General, meanwhile, prayed for time to file an additional affidavit specifying the current status of the constructions going on in the hills as well as the allegations made by the petitioner in his interim application.

Taking a note of the prayer, the Bench fixed the case for further hearing on November 2. “The prayer of the petitioner(s) for constituting the fact-finding committee under a retired HC Judge to undertake physical verification in respect of the illegal constructions and the factual report given by the state would be considered on the next date of the hearing,” the Bench concluded.

The HC, in February 2020, directed the State of Haryana and other respondents to take all necessary steps to prevent and prohibit all construction, construction-related activity and non-forest activity, except those permitted and sanctioned by a high-powered committee and competent authority of the Ministry of Environment and Forest, Government of India.

The state, too, had undertaken before the Bench that the authorities would strictly follow the law as well as the orders passed by the HC and the SC in the matter and take all possible steps to ensure that no construction, construction-related activity or non-forest activity was undertaken except those specifically permitted and sanctioned.