SC stays Haryana government’s ‘obnoxious’ move to permit construction in Aravali zone

NEW DELHI: Just a day after Haryana amended the law to allow construction in sections of the ecologically sensitive Aravalis and also protect previous construction, the Supreme Court stayed the decision, slamming it as wilful adventurism that violates the court’s previous orders.

The court said the Haryana government’s action was “obnoxious and contemptuous” and expressed annoyance at its “temerity” to violate the SC order that banned mining and construction activities.

Not mincing words, a bench of Justices Arun Mishra and Deepak Gupta warned of contempt proceedings against Haryana. The SC order and comments are a setback for chief minister Manohar Lal who had asked opponents of the amendments to approach the SC and National Green Tribunal.

“Prima facie it seems to be highly obnoxious and contemptuous. It is in violation of various orders passed by the court. If you have enacted such law then you are in trouble. It is not permissible. You cannot get rid of a judicial order. You are not supreme and supreme is the law of the country,” the bench said.

The court said destruction of forest to favour the “high and mighty” will not be tolerated. It also asked how the assembly could nullify the SC verdict. “Legislature is not supreme. Court’s view has to be respected. It’s unfortunate that you are destroying the forest. Environment cannot be destroyed like this,” the bench said.

The Haryana government passed the Punjab Land Preservation (Haryana amendment) Act (PLPA), 2019, in the assembly on Wednesday, opening up thousands of acres of land, protected as forest since 1900, for the real estate sector development in areas deemed as forest.

As per the amendment, PLPA will not be applicable in areas under master plans, and construction was allowed on 80,000 acres of forest, or 50% of the Aravali range, in south Haryana in districts of Gurgaon, Faridabad, Nuh, Mahendragarh and Rewari.



Gurgaon has over 16,000 acres of forest under PLPA, while Faridabad has more than 10,000 acres of forests protected under the Act.

At the outset, the bench asked the state counsel whether it had enacted some law on the issue but the lawyer replied that he needs instruction. Senior advocate Ranjit Kumar and advocate A D N Rao, who are assisting the court as amicus curiae, said the law had been passed by the assembly and the ban on construction in Aravali zone had been lifted.

The bench was particularly miffed as it had earlier warned the state not to resort to such “adventurism” in violation of law when it was brought to the court’s notice that the government is planning to amend the Act. “We knew you will do something and we had told you earlier that you are not above the law. But you went ahead. It is shocking. Do you respect the court’s order?” the bench said.

It directed the state government to place before it details of the amended law and directed that no construction shall be allowed in the zone. The state government counsel tried to assuage the anxiety of the bench but the court refused to hear and said, “Do you want us to pass more strictures against you?”

The apex court had banned construction and mining activities in Aravali zone. In a big jolt to many bigwigs — politicians, former bureaucrats, defence personnel and judges, including former CJI A M Ahmadi — who purchased residential plots in Kant Enclave, located within the protected zone of Aravali range in Faridabad, the Supreme Court in September last year ordered demolition of all buildings constructed in the area after 1992 and imposed a fine on the builder.