‘Blatant disregard of law’, SC orders demolition of illegal construction in Faridabad forest land

The Supreme Court yesterday ordered the demolition of all concrete structures built in the Kant Enclave, Faridabad in Haryana since August 18, 1992. The Court noted that the area was a forest land and construction activity should not have been permitted in the said area..In its judgment, the Bench of Justice Madan Lokur and Justice Deepak Gupta says that the construction activity carried out by the applicants in the case, R Kant and Co., was in “blatant defiance of orders” passed by the Supreme Court from time to time..The Court came down heavily on the applicant stating that the construction activity carried out by the applicant has caused “irreversible damage” to the Aravalli hills..“The unfortunate and distressing consequence of this is that because of a complete lack of any concern for the environmental and ecological degradation carried out in the Aravalli hills by influential colonizers like the applicant and what appears to be a very strong mining lobby in Haryana, the damage caused to the Aravalli hills is irreversible.”.Enumerating the ecological damage that has been caused by this activity, the judgment also states that there has been acute water shortage and lake Badkal, once a tourist spot, has also dried up..“It is not only the future generations that have to pay a heavy price for this environmental degradation, but even the present generation is paying a heavy price for the environmental and ecological degradation inasmuch as there is an acute water shortage in the area… .…In addition, what was once a popular tourist destination, namely, Badkal Lake has now vanished and the entire water body has become bone dry. What are the more severe consequences that will be felt in the years to come, only time and nature will tell.”.Questions before the Supreme Court.The questions that the Court considered was whether the notified land under Punjab Land Preservation Act, 1900 (PLP Act) was “forest land”, and whether the construction carried out on this land by the applicant was in contravention of the notification dated August 18, 1992. The Court’s answer to both these questions was in the affirmative..Despite the notification of August 1992 which notified land under the PLP Act, the applicant had benefited from an exemption granted to it earlier under Haryana Development & Regulation of Urban Areas Act, 1975 and was administratively permitted by the Town & Country Planning Department to carry out construction on the land owned by it in Anagpur..The Court notes that there was a conflict of interest between two Departments of the Haryana government. The judgment reads,.“[A] dichotomy of views and a conflict of interest between two Departments of the Haryana Government – one favouring colonization and the other favouring environmental protection and conservation.”.The Court took the view that the “blatant disregard of the rule of law” by the applicants could not have been possible without the tacit support from the government machinery and said that the extent of violation is “quite frightening.”.“The extent of violation of the notification dated 18th August, 1992 is quite frightening and one can only imagine the phenomenal environmental and ecological damage caused to the area by the applicants. This could not have happened without the knowledge of the State of Haryana and its officers who permitted blatant disregard of the rule of law despite affidavits of the Chief Secretary of the State of Haryana. The rule of law seems to have broken down in Haryana and become the rule of men only to favour the applicants.”.The Verdict.The judgment penned by Justice Lokur expresses great despair over the support extended to the applicant by Town & Country Development, State of Haryana. The Court stated that the absolute disregard to the ecology of Aravalli hills was a “mockery of the law” was “painful to see”..The Court consequently ordered for the construction carried out after the notification of August 18, 1992, on the land in question to be demolished by December 31, 2018. However, the construction that was done prior to this notification is allowed to stay..In addition to this, the applicant, R Kant and Co. has been directed to refund the money to the investors along with an interest of 18% per annum from the date of investment. It also imposed a fine of Rs. 5 Crore to be deposited by the applicant in the Aravalli Rehabilitation Fund within one month..The Court has listed the matter for compliance and will take stock of the progress of compliance of this order in the first half of November this year..Read Judgment: