Punjab Cabinet clears policy to regularise farmhouses on Chandigarh outskirts

In a decision with far-reaching ecological implications for the fragile kandi belt in the lower Shivalik Hills stretching from Mohali to Pathankot, the Punjab Cabinet today allowed low-impact residential units of minimum one acre (4,000 sq yards) in areas excluded from the purview of the Punjab Land Preservation Act (PLPA), 1900.

Expected to benefit several influential persons, including politicians and serving and retired bureaucrats, the decision would regularise hundreds of existing farmhouses in the area. A total of 55,000 hectares of land — abutting forests with rich flora and fauna in several parts — had been excluded from the PLPA across the state.

An environmentalist alleged that the policy appeared to be tailor-made to suit landowners in Chandigarh’s periphery. Anticipating its rollout, a large number of people had been purchasing land in the area, leading to a surge in prices.

During the briefing on Cabinet decisions, Finance Minister Harpal Cheema said the “Policy for approval/regularisation of low-impact green habitat” prohibited commercial activities, which would ensure environmental protection. “It incorporates robust safeguards such as mandatory plantation of indigenous species, use of sustainable building materials and provisions for rainwater harvesting and solar energy. The instructions of the Punjab and Haryana High Court and the Centre’s guidelines have been adhered to,” said the minister.

Jaskirat Singh, an environmentalist from the Public Action Committee, said, “The policy is a clear example of conflict of interest as the policymakers themselves have stakes in the land. The details of those who have purchased land over the past few years should be disclosed.” He said there was no clarity yet on whether the state government had carried out any environment assessment study.

A senior official said though the area fell outside the Forest Department’s jurisdiction, permission should have been taken from the Union Ministry of Environment, Forest and Climate Change as the area covered under the policy abutted forestland that attracted strict Supreme Court guidelines on land use. “The Supreme Court guidelines say the land can be used only for bona fide agricultural purpose or for sustaining livelihood. The aim was to ensure minimum human footfall and zero human-animal conflict. With people applying for permission and government charging fee, the requirement for road and other infrastructure will automatically arise and the top court’s conditions will be easily breached,” said the official.

Though the policy mentions limited floor area ratio (FAR), limited site coverage and ground-plus-one floors will be allowed, the detailed frame control, penalty provisions and charges to allow the structures have not been disclosed so far. Sources said the policy barred basements and division of plots. The beneficiary would have to seek an NOC from the Forest Department regarding land falling in the delisted area and keep the department in loop regarding felling of tress and on the afforestation plan, the sources said.

“The policy prohibits commercial activity, but appears silent on people indulging in commercial activity by carving out one acre or large-size plots in the form of farmhouses. The policy appears to have been influenced by well-heeled colonizers who have been slapped violation notices by the Punjab Housing and Urban Development Department for illegally carving out farmhouses in Chandigarh’s periphery. Hundreds of such cases are already being heard by the department,” said an environmentalist.

Officials in the Forest Department said the policy had been facing hurdles due to the Periphery Act, proposed Sukhna eco-sensitive zone and the Supreme Court guidelines on land use in areas taken out of the PLPA purview. A committee was constituted by the Secretary, Housing, Vikas Garg, on the directions of Chief Secretary KAP Sinha to frame guidelines for the regularisation of unauthorised structures.

The issue took centre-stage after the Eco-Tourism Development Committee rejected regularisation pleas of around 90 farmhouse owners, making it clear that the existing structures violated norms. For the areas taken out of the PLPA purview, the state government made the Housing and the Local Government departments responsible for framing guidelines in 2010, subject to the land being used by owners for bona fide agricultural purpose and livelihood support, while prohibiting commercial activities.