GRAVE/IMMINENT DANGER TO GREEN BELT/ENVIRONMENT IN HARYANA STATE INCLUDING NCR-AMDT 03.01.2009

[Sarvadaman Oberoi]

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 Website: http://www.freewebs.com/homeopathy249/ email: mob...@yahoo.co.uk

[rita kapoor]

dear sarvadaman,thx very much fr this.would appreciate if you could also guide us on the process to be followed fr lodging a complaint.this should cover who can initiate th;,to whom addressed;can an individual report etc.
rgds,sudhir kapoor,sec gen.dlf city rwa

--- On Fri, 9/1/09, Sarvadaman Oberoi <mob...@yahoo.co.uk> wrote:

Add more friends to your messenger and enjoy! Go to http://messenger.yahoo.com/invite/

[Sarvadaman Oberoi]

--- On Sat, 10/1/09, sudhir kapoor,sec gen.dlf city rwa wrote: - would appreciate if you could also guide us on the process to be followed fr lodging a complaint.this should cover who can initiate th;,to whom addressed;can an individual report etc. rgds,

sudhir kapoor,sec gen.dlf city rwa

Dear Sudhir, 30.33% or 13413 sq kms of Haryana State falls in the 33,578 sq kms of the NCR (Haryana covers 39.95% of NCR ) and no changes in green belt may be made in NCR in view of NCRPB Act 1985 and NCRPB Regional Plan 2021 notified on 17.09.2005.   You may write to all or any of the below:   (1) Kumari Selja, Minister of State (IC)-cum-Chairperson, NCRPB, Ministry of Urban Employment & Poverty Alleviation, Govt of India, Nirman Bhawan, New Delhi 110011 (Congress leader Sirsa, Haryana), with a request to withhold funds for violation of National / NCR Planning Boards NCRPB Regional Plan-2021 notified 17.09.2005 / environmental norms / NCR Planning Committee green belt norms.   (2) Shri Bhupinder Singh Hooda, Chief Minister of Haryana, Kothi No. 1, Sector 3, Chandigarh - 160003, Tel: +91-172-2749394, c...@hry.nic.in   (3)  Sh. Sevugan Regupathy, Minister of State for Environment & Forests, Ministry of Environment & Forests, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi - 110 003. Tel:+91-11-2436 1896,24360605,24360570,24360519, email: envi...@nic.in with a request to initiate action for violation of National environmental / green belt policy.    (4)  Chief Justice of India w.r.t. violation of National environmental / green belt policy under your fundamental duty as a citizen vide Article 51A of the Constitution of India.    (5) Chief Justice of Punjab, Haryana & H.P. High Court w.r.t. violation of National environmental / green belt policy under your fundamental duty as a citizen vide  Article 51A of the Constitution of India & 26153 violations as noted in Orders dated 3.03.2008/18.08.2008 in CWP 4559/2007.   (6) Media i.e. TV, Print. For next 30 days teams of videographers with DTCP officials are busily recording every violation as on 3.1.2009/date of completion of videography, at huge cost to the exchequer,  with the view to legalise the huge encroachments of green belts in all of Haryana, after charging a notional sum as conversion fees, so that it becomes Redyana/Lalyana!!! (Green/ Hara to Red/ Lal) - WHAT A SHAME!!!   The relevant laws and policy decisions are below.   NCRPB Regional Plan-2021, approved in 28th meeting of the Board held on 9th July 2005 (notified on 17th September 2005.) Regional Land Use (New zones namely, highway corridor zone and natural area conservation zones added.) – 4 major land use zones and 3 sub-zones: 1. Controlled/Development/Regulated Zone d) Urbanisable Area e) Agricultural (Rural) Zone within controlled/development/regulated area f) Green Buffers 2. Highway Corridor Zone 3. Natural Conservation Zone 4. Agriculture (Rural) Zone outside controlled/development/regulated areas   THE NATIONAL CAPITAL REGION PLANNING BOARD ACT, 1985 CHAPTER II THE NATIONAL CAPITAL REGION PLANNING BOARD Constitution and incorporation of the Board. 3. (3) The Board shall consist of such number of members, not exceeding twentyone, as may be prescribed, and unless the rules made in this behalf otherwise provide, the Board shall consist of the following members, namely :- a. the Union Minister for Works and Housing, who shall be the Chairman of the Board ; b. the Chief Minister of the State of Haryana ; h. a full-time Member-Secretary of the Board, to be nominated by the Central Government from amongst officers of, or above, the rank of a Joint Secretary to the Government of India   Composition of the Planning Committee. 4.(2) The Committee shall consist of such members as may be prescribed and unless the rules made in this behalf otherwise provide, the Committee shall consist of the following members, namely :- a. the Member Secretary to the Board, who shall be the ex officio Chairman of the Committee ; b. the Joint Secretary to the Government of India in the Ministry of Works and Housing, in-charge of Housing and Urban Development, ex officio ; c. Secretary-in-charge of Urban Development in each participating State and the Union territory, ex officio ; d. the Vice Chairman, Delhi Development Authority, ex officio ; e. the Chief Planner, Town and Country Planning Organisation, New Delhi, ex officio ; and f. the Chief Town Planner of each participating State, ex officio ;   CHAPTER VII   Act to have overriding effect. 27. 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.   Power of the Central Government to give directions 28. The Central Government may, from time to time, give such directions to the Board as it may think fit for the efficient administration of this Act and when any such direction is given, the Board shall carry out such directions.   Violation of Regional Plan 29. (1) On and from the coming into operation of the finally published Regional Plan, no development shall be made in the region which is inconsistent with the Regional Plan as finally published. (2) Where the Board is satisfied that any participating State or the Union territory has carried out or is carrying out, any activity which amounts to a violation of the Regional Plan, it may, by a notice in writing, direct the concerned participating State or the Union territory, as the case may be, to stop such violation of the Regional Plan within such time as may be specified in the said notice and in case of any omission or refusal on the part of the concerned participating State or the Union territory to stop such activity, withhold such financial assistance to the concerned participating State or the Union territory, as the Board may consider necessary. Resolution No. 3-1/86-FP of Ministry of Environment and Forests (Department of Environment, Forests & Wildlife), Government of India dated the 7th December, 1988. 2.2 The principal aim of Forest Policy must be to ensure environmental stability and maintenance of ecological balance including atmospheric equilibrium which are vital for sustenance of all lifeforms, human, animal and plant. The derivation of direct economic benefit must be subordinated to this principal aim. 4.2.2 It is necessary to encourage the planting of trees alongside of roads, railway lines, rivers and streams and canals, and on other unutilised lands under State/corporate, institutional or private ownership. Green belts should be raised in urban/industrial areas as well as in arid tracts. Such a programme will help to check erosion and desertification as well as improve the microclimate.   The National Forest Policy 1988 (NFP) envisages that 33% of the geographical area should be under forest or tree cover. Salient features of National Forest Policy are :     Maintenance of environmental stability and restoration of ecological balance.     Checking soil erosion and denudation.     Increasing substantially the forest/tree cover.     Creating a massive people’s movement specially with the involvement of women.    Above points clearly indicate that NFP envisages overriding consideration for environmental concerns against commercial priorities. The National Conservation Strategy and the Policy Statement on Environment and Development 1992 5.2.2.1 For prevention and control of atmospheric pollution including noise pollution, the thrust will be on the following: · Raising of green belts with pollution tolerant species; · Developing coping mechanisms for future climatic changes as a result of increased emission of carbon dioxide and greenhouse gases; and · Appropriate action to control adverse impact on Indian continent due to ozone depletion and other gaseous effects in the atmosphere at global level. Resolution NO. H. 11013(2)/90 CPW of Ministry of Environment and Forests, Government of India dated the 26th February, 1992 - Policy Statement for Abatement of Pollution 8.4   Plant and vegetation in general play a vital role in controlling pollution by regulating the climate and atmospheric equilibrium, protecting the soil and maintaining the hydrological regime. ....... It is necessary to encourage the planting of trees alongside roads, rail lines, canals and on other unutilised lands under State/ corporate, institutional or private ownership. Green belts should be raised in urban and industrial areas as well as in arid tracts. Such a programme will also check erosion, desertification as well as improve the micro climate. 9.1   Industrial concerns and local bodies should feel that they have a responsibility for abatement of pollution. The procedure of an environmental statement will be introduced in local bodies, statutory authorities and public limited companies to evaluate the effect of their policies, operations and activities on the environment, particularly compliance with standards and the generation and recycling of waste. Report of the National Forest Commission 2006 under Chairmanship of Justice B.N. Kirpal - Recommendation No 40 in Chapter 6 [40] The concerned municipal authorities need to prepare master plans for parks and green belts, selecting site-specific plant species for propagation. Cooperation of the State Forest Departments may be required in this regard. Indian Forest Act, 1927 85A. Saving for rights of Central Government.- Nothing in this Act shall authorise a Government of any State to make any order or do anything in relation to any property not vested in that State or otherwise prejudice any rights of the Central Government or the Government of any other State without the consent of the Government concerned.   CONSTITUTION OF INDIA 1950 (Part III.—Fundamental Rights.—Arts. 26—30.)   13. (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.   31C. Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19; and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy:   Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.   (Part IV.—Directive Principles of State Policy.— Arts. 43—48A.) 48A. The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.]   PART IVA FUNDAMENTAL DUTIES 51A. It shall be the duty of every citizen of India— (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;   (Part IXA.—The Municipalities.—Arts. 243ZD-243ZE.) 243W. Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow— (a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to— (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;   243ZE. (1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole. (2) The Legislature of a State may, by law, make provision with respect to— (a) the composition of the Metropolitan Planning Committees; Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area; (c) the representation in such Committees of the Government of India and the Government of the State and of such organisations and Institutions as may be deemed necessary for carrying out the functions assigned to such Committees; (d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees; (e) the manner in which the Chairpersons of such Committees shall be chosen. (3) Every Metropolitan Planning Committee shall, in preparing the draft development plan,— (a) have regard to— (i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area; (ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; (iii) the overall objectives and priorities set by the Government of India and the Government of the State; (iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise; (b) consult such institutions and organisations as the Governor may, by order, specify. (4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State. TWELFTH SCHEDULE (Article 243W) 8. Urban forestry, protection of the environment and promotion of ecological aspects.

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 Sat, 10/1/09, rita kapoor <ritac...@yahoo.com> wrote:

[Prithvi Nath]

Dear Sarvdaman,
 
Thanks for your effort.
 
Prithvi Nath

---

Date: Mon, 12 Jan 2009 08:35:25 +0000
From: mob...@yahoo.co.uk

Subject: {Illegal Garbage Dump} GRAVE/IMMINENT DANGER TO GREEN BELT/ENVIRONMENT IN HARYANA STATE INCLUDING NCR-AMDT 03.01.2009

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