Give details of non-forest, non-agricultural activities in Siswan: HC to Punjab

The Punjab and Haryana High Court today directed the Punjab authorities to place on record full details of all non-forest and non-agricultural activities in Siswan village of Mohali district. Taking up a bunch of petitions on delisting of certain areas and other issues, a division bench asked the Chief Administrator of Greater Mohali Area Development Authority (GMADA) to file an affidavit on the total number of non-forest and non-agricultural activities in Siswan.

The bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry also asked for details of the action taken against as many as 12 defaulters named in GMADA’s written statement. GMADA’s executive officer was further directed to file a separate affidavit listing all constructions presently standing on delisted or forest land in Siswan that do not relate to forest or agricultural activity. The affidavits are to be filed within December, and was directed to include a map of the entire division, range, block and compartments.

At the onset, the bench took note of the fact that a total area of 169.22 hectares, including cultivation and habitation, had been delisted from the purview of the Punjab Land Preservation Act (PLPA). At the same time, a notification provided that the administration of the delisted areas would be carried out in terms of a decision taken during the meeting held under Punjab chief secretary’s chairmanship on April 26, 2010. As the notification itself does not clarify a “lot many things”, it would be appropriate that the state should file an additional affidavit, the bench asserted, while calling for “entire minutes of the April 2010 meeting”.

Mohali Divisional Forest Officer was then asked to file an affidavit stating the exact number of constructions raised in violation of the notification and giving the total number of non-forest and non-agricultural activities being carried out in Siswan.

The court, on a previous date of hearing, had made it clear that its concern was “limited to the fact as to whether any forest area, reserved forest area, sanctuary or national park meant only for forest activity is being encroached upon by the construction in question or not”.

One of the petitions before the bench was filed by a firm running a restaurant near Siswan Dam. In its petition, Siswan Eco Reserve Private Limited through senior advocate Anand Chhibbar had contended that the petitioner was running restaurant on land classified as “gair mumkin abadi”. It was in lawful possession of one of the company’s director’s family for over 30 years. The property was consistently recorded as such in the revenue records.

The petitioner added it was challenging the show-cause notice dated January 29 issued by GMADA. It alleged unauthorised construction on agricultural land and “purported” violations of the Punjab New Capital (Periphery) Control Act, 1952, and the Punjab Regional and Town Planning and Development Act, 1995.

“Without affording the petitioner a proper opportunity of hearing, the notice pre-determinedly directs the cessation of operations and mandates demolition within 30 days. This approach by the authorities reflects a clear disregard for due process and the principles of natural justice,” Chhibbar added.