SC even found involvement of Punjab government, bureaucrats and   MLAs in this illegal project  

New Delhi: Supreme Court (SC) of India on Tuesday put a led on a project that was promoted and supported by MLAs and officials of Punjab government and prompted by a Multi-national Indian company which claimed to be a most “honest company” of India Tata

It was a Rs 1,800-crore multi-storey project called Tata Camelot Housing Colony (CAMELOT) proposed and developed up by Tata Housing Development Company Ltd near Sukhna Lake but close to Punjab and Haryana Secretariats, fell to the ground after Supreme Court found that it violated environmental norms.

“Considering the distance of 123 metre from the northern side and 183 metre from the eastern side of the project in question from wildlife sanctuary, in our opinion, no such project can be allowed to come up in the area in question,” a three-judge bench headed by Justice Arun Mishra said, adding, “Such projects cannot be permitted to come up with in such a short distance from the wildlife sanctuary.”

In a setback to Tata Housing and its investors, the Bench – which also included Justice MR Shah and BR Gavai—said the project went against permissible norms as it fell within the catchment area of Sukhna Lake.

The SC found that even Punjab administration was acting in violation of the public trust doctrine, the Bench said, “The Court has to perform its duty in such a scenario when the authorities have failed to protect the wildlife sanctuary eco­sensitive zone.”

 The SC mentioned  “The State of Punjab was required to act on the basis of Doctrine of Public Trust. It has failed to do so. The origination of the project itself indicates that State of Punjab was not acting in furtherance of Doctrine of Public Trust as 95 MLAs were to be the recipients of the flats.”

“It is clear why Punjab Government has not been able to protect the eco­sensitive zone around Wildlife and has permitted setting up of high-­rise buildings up to 92 metre in the area in question, which is not at all permissible,” it said.

Quashing entire exercise of obtaining clearance relating to the project, the Bench said, “We regret that such a scenario has emerged in the matter and that it involved a large number of MLAs of Punjab Legislative Assembly. The entire exercise smacks of arbitrariness on the part of Punjab Government, including functionaries (mean Bureaucrats) .”

Senior advocate PS Patwalia -- who represented petitioners Aalok Jagga and Sarin Memorial Legal Aid Foundation in the case -- said, "It's a very crucial judgment for preserving the wildlife sanctuary and the flaura and fauna there as also for preserving the eco-system of Sukhna wetland and lake."

“This is a victory for all the residents of Chandigarh as also those living on the periphery of the city…We had started this fight to save the environment and the heritage value of Chandigarh and our efforts have yielded fruits today,” advocate Aalok Jagga -- who fought a protracted legal battle in the matter – told media.

The verdict came on a petition filed by Tata Housing Development Company Ltd challenging a Delhi High Court’s April 12, 2017 verdict setting aside the permission granted by Nagar Panchayat, Naya Gaon, to Tata HDCL on July 5, 2013 for construction of the project.

The Delhi High Court had also quashed the Environmental Clearance dated September 17, 2013 granted by SEIAA Punjab for development of the project proposed by Tata HDCL, saying it was not in conformity with the Ministry of Environment and Forests Notification dated September 14, 2006. However, the Delhi High Court asked the Punjab government to reconsider the matter in the light of its judgment.

The CAMELOT Project was conceived as a high performance residential building-cum-retail complex to be set up by M/s Tata Housing Development Company Ltd in Kansal village, Kharar tehsil of Mohali district in Punjab at a cost of Rs 1,800-crore. As many as 19 towers -- 12 and 35 storey – were planned to be constructed on 53.39 acres near Chandigarh Capitol Complex. It was proposed to have a built-up area of 7,01,370 square meter.

The Delhi HC verdict was result of a petition filed by Aalok Jagga challenging the approval given by authorities for CAMELOT Project for construction near Sukhna Lake. In fact, Jagga had first filed a PIL in the Punjab and Haryana High Court challenging the permissibility of the housing project on grounds that it violated the Punjab New Capital (Periphery) Control Act, 1952 and was not authorised under the Environment (Protection) Act, 1986 as it was in an eco-sensitive zone and protected area.

Jagga had also contended that it was in the proximity to the Sukhna Wild Life Sanctuary and that it had the potential of adversely affecting the claim of Chandigarh to the status of a heritage city.

A Division Bench of the Punjab and Haryana High Court had on March 26, 2012 allowed the project to go on subject to grant of relevant permissions, clearances and approvals by authorities concerned and the order was challenged by Jagga in the Supreme Court.

On May 14, 2012, while dealing with another PIL started by it suo motu, the Punjab and Haryana HC directed the States of Punjab and Haryana as well as UT Chandigarh to immediately stop construction activities in the Sukhna Lake catchment area as per map prepared by the Survey of India and also demolish any construction raised in violation of directions issued by it without any notice.

Tata HDCL moved the SC against this order but withdrew it to request the Punjab and Haryana High Court to clarify its order.

By an order dated August 21, 2013, the Punjab and Haryana HC allowed Tata HDCL’s plea and clarified that the May 14, 2012 order would not affect its CAMELOT project.

Aggrieved by this order, Sarin Memorial Legal Aid Foundation moved the top court. The Foundation also filed a writ petition in the Supreme Court challenging the grant of final environment clearance dated September 17, 2013 by the State-level Environment Impact Assessment Authority, Punjab, for Tata HDCL’s housing project CAMELOT.

On April 22, 2014, the Supreme Court set aside the Punjab and Haryana High Court’s March 26, 2012 order that had allowed the construction to go on subject to necessary clearances and transferred the matter to the Delhi High Court.

The top court had also restrained the Punjab and Haryana High Court from deciding while hearing the 2009 PIL started by it suo motu not if CAMELOT project land fell within the catchment area of Sukhna lake. It had ordered status quo on the project.

The Delhi High Court on April 12, 2017 set aside the permission granted by Nagar Panchayat, Naya Gaon, and the Environmental Clearance dated September 17, 2013 granted by SEIAA Punjab for development. It was against this Delhi High Court verdict that Tata HDCL went to the Supreme Court.

But the top court rejected the petition. “We hold that such projects cannot be permitted to come up within such a short distance from the wildlife sanctuary. More so, in view of the Notification issued with respect to the Sukhna wildlife sanctuary towards the side of Chandigarh Union Territory and also considering  the fact that proposal made by the Punjab Government, confining the Buffer Zone to 100 metre, has rightly not been accepted by MoEF, as the Government of Punjab as well as the MoEF, cannot be the final arbiter in the matter,” it said.