HC fines Punjab, Haryana ₹100 crore each
› The states cannot run with the hare and hunt with the hounds. The weak administration had permitted mushrooming of unauthorised constructions in a very fragile eco-sensitive (catchment) area causing irreparable damage to the ecology.
PUNJAB AND HARYANA HIGH COURT BENCH
CHANDIGARH: The high court on Monday slapped a fine of ₹100 crore each on Punjab and Haryana for causing damage to the catchment area of Sukhna Lake.
The bench of justice Rajiv Sharma and justice HS Sidhu also ordered demolition of all structures in the catchment area as demarcated by Survey of India in 2004 and ordered that the owners whose building plans were approved by the authorities be relocated and compensated with ₹25 lakh.
The order came in a 2009 suo motu petition initiated after depleting water level in the lake. Synonymous with the city, the lake was created by Le Corbusier in 1958. By up to 1988, 66% of the
original water holding capacity of the lake was lost due to silting. Following this, check dams were constructed in the catchment area. But the water-level went down again. The man-made lake now has a capacity of around 500 hectare-metres against the original capacity of over 1,074 hectare metres. The lake’s depth is 12-13 feet. On the north side, the lake is surrounded by 26 square kilometre area of wildlife sanctuary.
STATES HAVE CONNIVED WITH DEFAULTERS, SAYS HIGH COURT
“The states have connived with the defaulters by providing them with the electricity and water connections. It is expected from the functionaries discharging sovereign/regal functions to be on the right side of law. The states cannot run with the hare and hunt with the hounds. The weak administration had permitted mushrooming of unauthorised constructions in a very fragile eco-sensitive areas/catchment area causing irreparable damage to the ecology,” it said, directing that Rs 200 crore amount would be deposited with the Ministry of Environment & Forests within three months. The ministry would prepare a scheme for utilisation of the funds for restoration of the lake within one year.
The court also declared Sukhna as a living entity. The chief secretaries of both the states and UT adviser have been asked to constitute high-power committees to fix the responsibilities of the officers who permitted largescale unauthorised construction.
‘DECLARE SUKHNA AS WETLAND’
The Chandigarh administration has been directed to declare Sukhna Lake as wetland within a period of three months. Punjab and Haryana too have been directed to declare areas falling under their jurisdictions as wetland within three months. The environment ministry has been directed to notify at least 1 km area from the boundary of Sukhna lake wildlife sanctuary as eco-sensitive zone.
It also declared two Punjab and Haryana master plans which regulated construction in the catchment area as illegal.
The bench observed that construction activity in the Chandigarh and its periphery area was required to be undertaken strictly as per the provisions of The Capital of Punjab (Development and Regulation) Act, 1952.