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

New Delhi, Dec 10 (PTI) The Supreme Court on Wednesday directed the Haryana urban development body to restore the green area to its original state where 40 fully-grown trees were uprooted to build an accessible road to a newly constructed BJP office in Karnal.

A bench of Justices J B Pardiwala and K V Viswanathan 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.

The bench was not satisfied with the submission of Additional Solicitor General Vikramjit Banerjee appearing for 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.

The top court gave three months to Haryana Shahri Vikas Pradhikaran (HSVP) and Karnal Municipal Corporation to restore the green land in a residential colony to its original state.

It, however, 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 Bharatiya Janata Party (BJP), saying it is too late to go into that question.

On November 26, the top court termed as "pathetic" and pulled up the Haryana government and its urban development body for uprooting 40 fully grown trees to build an accessible road to a newly constructed BJP office in Karnal. It sought a remedial action plan, warning them of being "taken to task".

The apex 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.

It had asked Additional Solicitor General Vikramjit Banerjee, appearing for the Haryana government, to come out with an explanation on the issue.

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 Shehri 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.

"The petitioner was also aggrieved by the felling of 40 trees in the green belt to make a 10-metre pathway through the 100-metre green belt in front of the house of the petitioner. It is pertinent to note that the petitioner had paid 10 per cent preferential-location charges (PLC) for the green belt facing the plot almost 36 years ago," the plea said.

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.

The lawyer pointed out that in the case at hand, the irregular-shaped vacant land ad measuring 1,550 square yards adjacent to the petitioner's plot, situated on a nine-metre-wide road and which had remained vacant since 1989, was designated as institutional and allotted to the ruling party without following any due process.

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.

"If any further development is undertaken from now onwards, we shall take a very strict view of the matter," the court had said. PTI MNL MNL KSS KSS