The National Green Tribunal (NGT) last week disposed of a petition by a Delhi-based non-profit against encroachments on public land in Sector 72, after remedial actions taken by the Municipal Corporation of Gurugram (MCG) were found to be sufficient by the court.

Filed in 2018 by the Society for Protection of Culture, Heritage, Environment, Traditions and Promotion of National Awareness, the petition alleged rampant encroachment by private developers on land earmarked as ‘open space’ as per the Master Plans of 2025 and 2031 in Sector 72’s Behmrampur and Tikri villages. Activists have long held this region to be an important area for groundwater recharge as Badshahpur drain passes through it.

“The selling of plots and development of infrastructure on an area reserved for open space is not only in contravention to the approved Master Plan but also poses great threat to the ecology and existence of a water body/nullah,” the petition stated. Despite this, developers had allegedly registered sale deeds in names of prospective buyers, who began to construct boundary walls on their individual plots.

Ambika Yadav, advocate for the petitioner, said, “Master Plan is the supreme norm in cases of illegal constructions, anything done in contravention of the same is ultra vires. Right to quality life is a fundamental right under Article 21. If anything endangers or impairs that quality of life in derogation of laws, a citizen has recourse to constitutional and environmental courts.”

Last November, the NGT ordered the department of town and country planning (DTCP) and the Haryana Shahari Vikas Pradhikaran to submit a report as to the status of the land in question, to which the DTCP responded that no plots had been sectioned by it, and that the land fell under the jurisdiction of the MCG. Following this, MCG was asked to take action against violators on February 19.

An action-taken report was submitted by the MCG before the tribunal on May 3, detailing steps taken by the civic authority. On April 21, the MCG conducted a demolition drive in which 32 structures were razed and one illegal borewell sealed on the land in question. Three days later, the MCG commissioner instructed officials via an internal letter to obtain details of developers or landowners who had, without following due procedure, purchased this land in collusion with revenue department officials and sectioned it off for resale. The commissioner’s letter ordered that FIRs be registered against them as well as the then sub-registrar, Badshahpur, for violation of Haryana Municipal Act, 1994.

Gopal Kalawat, executive engineer, MCG, said, “We have issued instructions to various MCG officials to monitor any illegal sale or purchase of land in the area, and to take immediate action against any construction here. A letter has also been sent to the additional chief secretary of the revenue department, asking them to take action against officials who have wilfully registered sale deeds on these plots without adopting due procedure.”

Kalawat said the MCG would file additional progress reports.

First Published: May 09, 2019 03:39 IST