Punjab & Haryana High Court Seeks To Know If HC Campus Overlaps Sukhna Catchment Area Where Construction Is Prohibited

The Punjab and Haryana High Court has directed a Technical Experts Committee to submit whether the High Court campus overlaps the Sukhna catchment area or not.

The Sukhna catchment area is the surrounding demarcated region of Sukhna Lake, which is a protected site according to environmental norms. In 2020, the High Court directed the demolition of all buildings constructed in the catchment area of Sukhna Lake, as demarcated in the map prepared by the Survey of India (SOI), and declared the construction in the catchment area to be illegal.

However, later various review applications were filed and the order was stayed to the extent of demolition of buildings raised in the catchment area but restraint on construction in the catchment area was not disturbed. The review application is still pending.

Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "As to whether the High Court campus lies within the catchment area as per the Survey of India Map dated 21.09.2004 becomes relevant to the issue involved and, therefore, physical demarcation of the said catchment area of Sukhna Lake is required to be completed at the earliest...In view of the aforesaid, it is of prime importance that physical demarcation of Sukhna catchment area is commenced and concluded at the earliest."

The development came while hearing a batch of petitions regarding the Sukhna Lake Catchment area, High Court building and parking issues.

During the hearing, the Court noted that "it is surprising", that the Court in 2022 had requested the formation of the Technical Experts Committee, comprising members and nominees from the Department of Hydrology and the Department of Geography, Panjab University, the States of Punjab and Haryana, as well as the Survey of India, "but the same has not yet been constituted".

ASG Satyal Pal Jain submitted that SOI has appointed Director, Punjab, Haryana & Chandigarh Geo Spatial Directorate as its nominee in 2022.

The Court noted that, "even on a special request made by this Court to the other stakeholders i.e. the Panjab University as well as the States of Punjab and Haryana, they did not pay heed to the request of this Court."

Consequently, the Court issued writ of mandamus to "the Panjab University as well as the States of Punjab and Haryana to appoint their respective nominees within a period of one week from today failing which coercive steps shall be taken against them."

The matter is listed for August 09, for further consideration.

Title: Vinod Dhatterwal and others v. Union of India and others

Click here to read/download the order