A division bench of Chief Justice Vipin Sanghi and Justice Alok Verma has ordered the government to enforce compliance with land use laws following a PIL challenging construction on agricultural land without proper authorization. The petitioner, Atul Chauhan from Haridwar, raised concerns about a group housing project on 50 acres of agricultural land in Laksar, highlighting violations of land use regulations and the misuse of a natural water body. The court has directed the state government to submit an affidavit within four weeks and scheduled the next hearing for January 2, 2024, emphasizing the importance of upholding environmental and land use laws.
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In a recent legal development, a division bench consisting of Chief Justice Vipin Sanghi and Justice Alok Verma presiding, was tasked with addressing a Public Interest Litigation (PIL) that challenged construction activities on agricultural land without a proper change in land use. In response, the bench issued a directive to the government, compelling it to ensure adherence to the law governing the prohibition of construction on agricultural land.
The state government, in light of this directive, has been ordered to submit an affidavit within a stipulated four-week timeframe. Furthermore, the court has calendared the next hearing on this matter for January 2 of the upcoming year.
The catalyst for this legal action was an alert and concerned resident of Haridwar, Atul Chauhan, who brought to the court's attention the construction of a group housing project spanning a substantial 50-acre tract of agricultural land in the Laksar region. The crux of the issue revolved around the absence of a formal change in land use designation for this specific property. Moreover, Chauhan raised an additional concern related to a portion of the said land that had, for some time, functioned as a natural water body. This water body, he contended, was now being utilized for purposes that blatantly violated existing laws.
In a bid to substantiate his claims, Chauhan presented a copy of a report meticulously prepared by the tehsildar, as per the orders of the district magistrate. The report shed light on the housing project and its contentious status. It was also revealed that the Haridwar Roorkee Development Authority (HRDA) had taken action by sealing off the construction site. However, the respondents involved in the construction project chose to flout this official seal and proceeded with their construction activities.
The culmination of this blatant disregard for the law led to the registration of an FIR against the individuals involved in the construction project in December of the preceding year. The legal proceedings that ensued prompted the court to issue a directive to the private developers, mandating the submission of their affidavits within the same four-week timeframe established for the government.
This case highlights the critical issue of land use violations, particularly in agricultural areas where the protection of natural resources and adherence to land use regulations are of paramount importance. The court's intervention underscores the significance of upholding legal frameworks designed to safeguard the environment and maintain the sanctity of agricultural land.
The PIL, in essence, serves as a powerful instrument in the hands of vigilant citizens like Atul Chauhan, who play an active role in safeguarding their community's interests and the environment. The court's decision to schedule a follow-up hearing in January indicates its commitment to ensuring that justice is served and that compliance with land use regulations is rigorously enforced.
As this legal saga unfolds, it underscores the pivotal role of the judiciary in upholding the rule of law and safeguarding the rights of individuals and communities. It also serves as a potent reminder that citizens have the power to hold those in positions of authority accountable for their actions, especially when it comes to protecting the environment and preserving agricultural land.
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