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Stops Construction in Sixteen Villages Pending Critical Demarcation
In a significant judicial intervention addressing long-standing environmental concerns, the has ordered an immediate halt to all construction and development activities across 16 villages near Chandigarh. The order, passed by a comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, aims to prevent the continued commercialization of ecologically fragile zones in the Shivalik foothills.
A Decade of Judicial Oversight
The dispute traces back to , when the High Court took cognizance of unauthorized construction in the area of Village Karoran, District Mohali. The controversy centers on whether the land in question—historically closed under the —qualifies as "" under the . While the in B. S. Sandhu vs. Government of India (2014) clarified that notification under the 1900 Act does not automatically constitute "," it directed the State of Punjab to conduct a rigorous, fact-based demarcation based on revenue records as they existed on .
Despite these clear directives from the apex court, the State government has repeatedly failed to file a compliant report detailing the actual physical segregation of from private holdings.
The Court’s Firm Mandate
Expressing strong disapproval of the administration’s inaction, the High Court observed that the region is being subjected to rampant commercial exploitation, with senior officials allegedly holding interests in prime farmland.
The Bench has directed the Chief Secretary to the to constitute a high-level committee, led by the Chief Conservator of Forests and a Principal Secretary-rank officer. This team is tasked with verifying ancient revenue records to identify forest cover before the 1980 cutoff.
Key Observations
The judgment emphasizes the gravity of the situation:
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"The area in question... is situated in the foothills of the Shivalik Hills and is an environmentally fragile area. Its preservation is of utmost importance for the protection of the environment and ecology."
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"The manner in which such an area is being allowed to be commercialized... reflects the failure on the part of the State to preserve the environment."
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"We deem it appropriate to restrain all construction/development activities in the said village(s)."
Immediate Consequences and Compliance
The Court’s order imposes a strict six-week timeline for the demarcation process. To secure the integrity of the data, the Bench has ordered that copies of the relevant revenue records be deposited with the Registrar General of the High Court. Furthermore, a total moratorium has been placed on all and title transfers (including /) within the affected villages to prevent further manipulation of land records.
Any violation of this judicial directive will trigger . The Deputy Commissioner of Mohali is mandated to appear before the Court with the complete records of the affected villages on the next date of hearing, . This move represents a major crackdown on urban sprawl encroaching upon the protected ecological corridor of the Shivalik range.
