Re: {Illegal Garbage Dump} Re: Re: New Liquor Shop at ' Kachra Chowk.'

[Sarvadaman Oberoi]

--- On Mon, 4/5/09, Harish Capoor <h_ca...@yahoo.com> wrote: From: Harish Capoor <h_ca...@yahoo.com> Subject: {Illegal Garbage Dump} Re: Re: New Liquor Shop at ' Kachra Chowk.' To: aja...@gmail.com, illegal-ga...@googlegroups.com Date: Monday, 4 May, 2009, 1:02 PM Dear Mr. Ashok Jaitly, A number of people have expressed their strong objection as you re. the liquor shop at Kachra Chowk.   However, if we want the shop to be evicted we shall have to proceed in legal manner.  From the location, it does appear that the liquor shop and the monstrosity of the 'kabari shop (?)' next door ( so terribly ugly and filthy) are in the 'Green Belt'. If so, no body can encroach the green belt, not even the President of India!  So the proper approach to solve this problem is to ascertain whether the location of thes offending premises is the green belt. If so, they are illegal encroachments. Their eviction would be much easier by moving HUDA or the Forest Dept..... GREEN BELT was finihed off by Haryana Govt in Jan 2009. See copy of my email of 10 Jan 2009 below.     Regards. Sarvadaman Oberoi Tower 1 Flat 1102, The Uniworld Garden, Sohna Road, Gurgaon 122018 Haryana INDIA Mobile: +919818768349 Tele: +911244227522 Website: http://www.freewebs.com/homeopathy249/ email: mob...@yahoo.co.uk --- On Fri, 9/1/09, Sarvadaman Oberoi <mob...@yahoo.co.uk> wrote: > From: Sarvadaman Oberoi <mob...@yahoo.co.uk> > Subject: {Illegal Garbage Dump} GRAVE/IMMINENT DANGER TO GREEN BELT/ENVIRONMENT IN HARYANA STATE INCLUDING NCR-AMDT 03.01.2009 > To: "PH High Court" <high...@hry.nic.in> > Cc: illegal-ga...@googlegroups.com, unig...@yahoogroups.co.in, "Gen Satbir Singh" <satb...@yahoo.com>, "JAFRA Gen Secy Col Pratap" <yadav...@gmail.com>, "Sanjeev K Ahuja" <skah...@gmail.com>, "Ayesha Arvind" <ayesha...@gmail.com>, "Dr Avnish Jolly" <avnis...@yahoo.com>, "Parikshit Luthra" <parikshi...@network18online.com>, "Dharamveer Sharma" <na...@zeenetwork.com>, "KK Sibal" <punjk...@vsnl.com>, "Sumi Sukanya" <sumi.s...@gmail.com>, "Aditi Tandon" <aditi...@tribunemail.com>, "Raju Williams" <raju.w...@gmail.com>, "Satbir Yadav" <rajn...@starnews.co.in> > Date: Friday, 9 January, 2009, 10:22 PM > GRAVE/IMMINENT DANGER TO GREEN BELT/ENVIRONMENT IN HARYANA > STATE INCLUDING NCR-AMDT 03.01.2009 > The Punjab Scheduled Roads and Controlled Areas Restriction > of Unregulated Development Act, 1963 >   > EARLIER SECTION 3 > 3.         No person shall erect or re-erect any > building or make or extend any excavation or lay out any > means of access to a road [within one hundred meters on > either side of the road reservation of a bye-pass or within > thirty meters on either side of the road reservation of any > scheduled road not being a bye-pass]: > Provided that nothing in this section shall apply to- > (a)    the repair to a building which was in existence > immediately before the commencement of this Act or any > erection or re-erection of such a building which does not > involve any structural alteration or addition therein; or > (b)    the erection or re-erection of a building, which > was in existence immediately before the commencement of this > Act and which involves any structural alteration or > addition, with the permission of the Director; or > (c)    the laying out of any means of access to a road > with the permission of the Director, [or]; > (d) the erection or re-erection of a motor-fuel-filling > station or a bus-queue-shelter with the permission of the > Director. >   > AMENDED SECTION 3 (Haryana Govt Gazette (Extra) No. Leg. > 1/2009 dated 3rd January 2009) > 3.         No person shall erect or re-erect any > building or make or extend any excavation or lay out any > means of access to a road [within one hundred meters on > either side of the road reservation of a bye-pass or within > thirty meters on either side of the road reservation of any > scheduled road not being a bye-pass]: > Provided that nothing in this section shall apply to- > (a)    the repair to a building which was in existence > immediately before the commencement of this Act or any > erection or re-erection of such a building which does not > involve any structural alteration or addition therein; or > (b)    the erection or re-erection of a building, which > was in existence immediately before the commencement of this > Act and which involves any structural alteration or > addition, with the permission of the Director; or > (bb)   a building, which was in existence immediately > before the commencement of the Punjab Scheduled Roads and > Controlled Areas Restriction of Unregulated Development > (Haryana Amendment) Ordinance, 2009 or to any repair, > erection or re-erection of such a building which does not > involve any structural alteration or addition therein, on > payment of such fee, as may be prescribed; or > (c)    the laying out of any means of access to a road > with the permission of the Director, [or]; > (d) the erection or re-erection of a motor-fuel-filling > station or a bus-queue-shelter with the permission of the > Director. >   > EARLIER SECTION 6 > 6.         Except as provided hereinafter, no > person shall erect or re-erect and building or make or > extend any excavation or lay out any means of access to a > road in a controlled area save in accordance with the plans > and the restrictions and conditions referred to in section 5 > and with the previous permission of the Director: >   > Provided that no such permission shall be necessary for > erection or re-erection of any building if such building is > used or is to be used for agricultural purposes or purposes > subservient to agriculture . >   > AMENDED SECTION 6 (Haryana Govt Gazette (Extra) No. Leg. > 1/2009 dated 3rd January 2009) > 6.         Except as provided hereinafter, no > person shall erect or re-erect and building or make or > extend any excavation or lay out any means of access to a > road in a controlled area save in accordance with the plans > and the restrictions and conditions referred to in section 5 > and with the previous permission of the Director:  >   > Provided that no such permission shall be necessary for > erection or re-erection of any building if such building is > used or is to be used for agricultural purposes or purposes > subservient to agriculture; >   > Provided further that nothing in this section shall apply > to a building constructed along the extension of the > scheduled road located in the limit of the local authority > and what was in existence immediately before the > commencement of the Punjab Scheduled Roads and Controlled > Areas Restriction of Unregulated Development (Haryana > Amendment) Ordinance, 2009, on payment of such fee, as may > be prescribed. >   > COMMENT > Orders dated 13.03.2008 and 18.08.2008 of Punjab Haryana > & HP High Court in CWP 4559/2007 for removal of > encroachments on 30 metre green belt in Haryana. The number > of encroachments were: > NHAI-      6827 > PWD B&R - 13675 > DTCP -     5651 > Total -   26153 >   >     30.33% or 13413 sq kms of Haryana State falls in NCR > and no changes in green belt may be made in NCR in view of > NCRPB Act 1985, "an Act to provide for .... the control > of land-uses ...in the National Capital Region so as to > avoid any haphazard development", which has been > approved by Haryana State Legislature "to the effect > that the matters aforesaid should be regulated in those > States by Parliament by law;". Under Section 27 of > NCRPB Act 1985, "The provisions of this Act shall have > effect notwithstanding anything inconsistent therewith > contained in any other law for the time being in force or in > any instrument having effect by virtue of any law other than > this Act; or in any decree or order of any court, tribunal > or other authority." >   >     Hence this amendment is completely ultra vires as > far as NCR portion of Haryana is concerned. As regards rest > of Haryana it is a matter which is for the Courts to decide > whether an ex post facto amendment can be permissible in a > matter that is sub judice especially where grave harm to > environment/green belt is imminent as a consequnce of a > hasty ordinance passed in January 2009 to defeat a Court > Order of  3.03.2008/18.08.2008, at a time when the > legislature was in session. >   > > Regards. > > Sarvadaman Oberoi > Tower 1 Flat 1102, The Uniworld Garden, > Sohna Road, Gurgaon 122018 Haryana INDIA > Mobile: +919818768349 Tele: +911244227522