NGT slams Haryana Shehri Vikas Pradhikaran for carving out plots on water bodies

The National Green Tribunal (NGT) has imposed a fine of Rs 50 lakh on the Haryana Shehri Vikas Pradhikaran (HSVP) for carving out plots on water bodies in Sector 50 of Gurugram.

There were water bodies on khasra no. 24, comprising 17 kanal and 8 marlas, and khasra no. 28, comprising 15 kanal and 4 marlas, at Adampur village of the Jharsa gram panchayat. They became part of Sector 50 after land acquisition.

No development was carried out on khasra no. 24, but on khasra no. 28, there are roads, sewers, electricity lines and plots have been carved out. Seventeen plots have been allocated to different persons. Of 17, 11 were respondents in the case before the NGT.

The possession of the land was handed over to the allottees in 2022-23, and in nine cases, the building plans had also been sanctioned. The constructions were raised on some plots.

The NGT observed, “It was open to HSVP to protect the water bodies at khasra nos. 24 and 28 by leaving the land as it is, but instead, it proceeded to damage the water bodies by carving out the plots, allotting the same to respective allottees….”

“Ownership of the land may have been transferred to the State due to acquisition of land and possession thereof was transferred to HSVP but these activities on their own did not make it obligatory on HSVP to damage the land of water bodies and it could have well protected the same by leaving the land as it was at the time of acquisition,” it said.

It added that Rule 4 of the Wetlands Rules, 2017, specified the prohibited activities within the wetland and did not permit conversion of the wetland for non-wetland use, including encroachment.

“These water bodies were in the village Adampur for providing water resources to the inhabitants, which have been damaged. Considering the total area of khasra nos. 24 and 28 and damage caused to the same, resulting in damage to ecology and environment, in our view, by application of the principle of ‘Polluter Pays’, HSVP should be saddled with the liability of environmental compensation of Rs 50 lakh, which it should deposit with HSPCB (Haryana State Pollution Control Board) within three months,” directed the Bench comprising Justice Sudhir Agarwal, and expert member Dr Afroz Ahmad, in its judgment dated August 8.

The amount of environmental compensation will be utilised for the restoration of water bodies following the rejuvenation plan, which will be prepared by a committee comprising the HSPCB, Central Pollution Control Board (CPCB), and Deputy Commissioner, Gurugram, wherein the HSPCB will be the nodal authority.

As per the directions, the land of khasra no. 24 shall be maintained as a pond, as in the revenue record and in the same status as it was at the time of the acquisition. In respect of khasra no. 28, HSVP and Haryana shall take steps to construct another water body on alternative land, ensuring that a new pond of the same size as khasra no. 28 is built within six months.