Re-densification policy upheld with compensatory afforestation enhancing green cover, balancing development and environmental safeguards.

ORDER

1. The grievance of the applicant in this application is encroachment on the two public parks in the Rajasva Colony, Gurunank Market Friganj, District Ujjan (M.P.), cutting of the trees which are properly grown up, violation of conditions of necessity of play grounds, parks for children as laid down by the Town and Country Planning Department, diversion of public park for building constructions in violation of Article 21, 48 (A) and Article 51 (g) of the Constitution of India. It is further alleged that open spaces are mandatory environmental safeguard, which are essential to be maintained as a green area or green belt and further construction of multi story buildings damaging the park and green belt area may cause environmental damage to the residents of the locality and also causes excess traffic load on the residential area thereby creating noise pollution and air pollution.

2. The matter was taken up by this Tribunal on 02.01.2024 and a committee was constituted to visit the site and submit the factual and action taken report. In compliance thereof, the members of the committee visited the site and submitted the report as follows :-

1. “M.P. Housing and Infrastructure Development Board is constructing 196 Residential Houses under the Re-densification Policy 2016 of Govt. of M.P. Preliminary meeting regarding the same was conducted on dated 07.11.2016 under the chairmanship of Collector Ujjain. The minutes of the meeting is enclosed as per Annexure 1. The meeting concluded that the Govt. quarters of Rajaswa Deptarment, Freeganj Ujjain have been dilapidated and old, so these houses needs to be dismantled to construct new residential houses by M.P.H.I.D.B.under the Re-densification Policy 2016 by the State Govt.”

3. The copy of the minutes of the meeting held on 10.01.2017 with regard to the present project was held with Principal Secretary, Public Health, Country and Town Department, Revenue Department, Law Department, Finance Department, MP Housing Department, MP Public Health Department and it was resolved the proceedings of the project.

4. Again vide resolution dated 17.03.2021 all the departments noted above including department of Forest, Finance, Sports and other departments attended the meeting and resolved the proceed with the project.

5. It is argued that the learned counsel for the State that MP Housing and Infrastructure Department Board decided to Re-densification Policy, 2016 of Govt. of M.P. and resolved the proceed for construction of new residential houses at the place of dilapidated and old house after dismantling it.

6. The high level committee further resolve for construction to multi-storey building covering approximately 50 percent of the current area after replacing or cutting 90 trees against which proper permission has been taken from the competent authority and required amount of compensation is also been deposited. Notices were issued to the respondent no. 3 MP Housing and Infrastructure Board and in compliance of the notice the Board has filed the reply as follows :-

i. “That the said Park/Open Area does not belong to any existing colony. Further, the entire colony has been included in the re- densification scheme of Rajasva Colony. It is here pertinent to mention that the actions undertaken are not contrary to ecological concerns, as the area in question is undergoing the re-densification process. The land in question has indeed been integrated into the re-densification process, and the Preliminary Project Report (PPR) sanctioned by the authoritie