IMPORTANT POINT
No construction of any type shall be permitted, now onwards, in the areas outside the green belt upto one km. radius of the Badhkal lake and Surajkund and this direction shall not apply to the plots already sold/allotted prior to 10.5.1996 in the developed areas.

Headnote:(i) ENVIRONMENT PROTECTION -Constitution of India-Art. 32-Preservation of environment and control of pollution-This Court directed that no construction of any type shall be permitted within 5 km radius of Badhkal Lake and Surajkund -All open areas shall be converted into green belts-Prayer for modification/clarification of this direction-Necessary directions made.
       Held : In clarification of direction 4 quoted above, we order and direct as under :-
        1. No construction of any type shall be permitted, now onwards, within the green belt area as shown in Ex. A and Ex. B. The environment and ecology of this area shall be protected and preserved by all concerned. A very small area may be permitted, if it is of utmost necessity, for recreational and tourism purposes. The said permission shall be granted with the prior approval of "The authority", the Central Pollution Control Board and the Haryana Pollution Control Board.
        2. No construction of any type shall be permitted, now onwards, in the areas outside the green belt (as shown in Ex. A and Ex. B) upto one km. radius of the Badhkal lake and Surajkund (one kilometer to be measured from the respective lakes). This direction shall, however, not apply to the plots already sold/allotted prior to May 10, 1996 in the developed areas. If any unallotted plots in the said areas are still available, those may be sold with the prior approval of the authority . Any person owning land in the area may construct a residential house for his personal use and benefit. The construction on the said plots, however, can only be permitted upto two and a half storeys (ground, first floor and second half floor) subject to the Building Bye- laws/Rules operating in the area. The residents of the villages, if any, within this area may extend/reconstruct their houses for personal use but the said construction shall not be permitted beyond two and half storeys subject to Building Bye-laws/Rules. Any building/house/commercial premises already under construction on the basis of the sanctioned plan, prior to May 10, 1996 shall not be affected by this direction.
        3. All constructions which are permitted under directions 1 and 2 above shall have the clearance of "The Authority", the Central Pollution Control Board and the Haryana Pollution Control Board Before occupation certificates are issued in respect of these buildings by the authorities concerned.
        4. All development schemes, and the plans for all types of constructions relating to all types of buildings in the area from one km. to 5 km radius of the Badhkal lake and Surajkund (excluding Delhi areas) shall have prior approval of the Central Pollution Control Board and the Haryana Pollution Control Board. (Para 9)
       (ii) ENVIRONMENT PROTECTION -Precautionary Principle-Applicability-It is mandatory for State Government to anticipate, prevent and attack causes of environment degradation-In order to protect Surajkund lake and Badhkal lake from environmental degradation it is necessary to limit construction activity in close vicinity of lakes. (Para 8)

ORDER

This Court by the order dated May 10, 1996 in I.A. 29 [W.P. (C) No. 4677/85] dealt with the question whether - to preserve environment and control pollution - mining operations should be stopped within the redius of 5 kms. from the tourist resorts of Badhkal lake and Surajkund in the State of Haryana. The Court gave five directions in the said order. Direction 4 is in the following terms.:-

"We further direct that no construction of any type shall be permitted now onwards within 5 km radius of the Badhkal Lake and Surajkund. All open areas shall be converted into green belts."

The Haryana Pollution Control Board (the Board) has notified the ambient Air quality Standards by the notification dated April 11, 1994. The notification fixes limiting standards of pollution in respect of sensitive areas, industrial areas and residential areas. The standards for sensitive areas are stringent than the standards prescribed for industrial and residential areas. The Board has recommended that the area of 5 kms around the periphery of a centre of tourism be notified as "sensitive area". With a view to control pollution and save environment in the vicinity of Badhkal and Surajkund, the above quoted direction was issued.

2. The Municipal Corporation Faridabad, Haryana Urban Development Authority and builders having interest in, the area have approached this Court for modification/clarification of the above quoted direction. It is contended by learned counsel appearing for the parties that in the said area of 5 kms. buildings are under construction, plots have been allotted/sold under various Development-schemes and the plot-holders have even started construction. According to the learned counsel vested rights of several persons are likely to be adversely affected causing huge financial loss to them.

3. Although the direction specifically says "no construction............. now onwards.........." and as such the areas which are already under construction would obviously be excluded from the direction but in order to allay the apprehensions of the property-owners in the area, we are of the view that it is necessary to clarify the above direction.

4. Mr. Kapil Sibal, appearing for the Municipal Corporation Faridabad has taken lot of pains in having the area surveyed and plans prepared with a view to find out as to how best the direction of this Court regarding development of 200 mts. green belt at one km. radius all around the boundaries of the two lakes can be implemented. Mr. Sibal and Mr. Harish Salve have placed on record two plans showing the proposed green belts around Badhkal lake and Surajkund. The Plan in respect of Badhkal is marked Ex. A. Along with the Plan the detail of the Khasra Nos. on which the green belt is to be developed, has been given which is marked as Ex. A/1. Similarly, the plan regarding Surajkund is marked as Ex. B and the detail of the khasra Nos. is marked as Ex. B/1. It is agreed by all the parties that the green belt as proposed in Ex. A and Ex. B shall be developed in the two areas.

5. This Court by the order dated September 13, 1996 in I.A. 18 [W.P (C) No. 4677/85] has directed the Central Government to constitute an authority (The Authority) under Section 3(3) of the Environment (Protection) Act, 1986. The said authority shall have the jurisdiction over the National Capital Region as defined under the National Capital Region Planning Act, 1955. It is thus obvious that the area of Badhkal and Surajkund, with which we are concerned, comes within the jurisdiction of the said authority.

6. Mr. Shanti Bhushan, learned Senior Advocate, appearing for some of the builders has vehemently contended that banning construction within one km. redius from Badhkal and Surajkund is arbitrary. According to him it is not based on technical reasons. He has referred to the directions issued by the Government of India under the Environment Protection Act and has contended that the construction can at the most be banned within 200

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1996 Supreme(SC) 1702

IMPORTANT POINTNo construction of any type shall be permitted, now onwards, in the areas outside the green belt upto one km. radius of the Badhkal lake and Surajkund and this direction shall not apply to the plots already sold/allotted prior to 10.5.1996 in the developed areas.

Cases Referred (3)

IMPORTANT POINT
No construction of any type shall be permitted, now onwards, in the areas outside the green belt upto one km. radius of the Badhkal lake and Surajkund and this direction shall not apply to the plots already sold/allotted prior to 10.5.1996 in the developed areas.