Experts can decide if 2004 map suitable: Centre to Punjab and Haryana High Court

Tribune News Service

Chandigarh, August 26

The Union of India today told the Punjab and Haryana High Court that a group of experts could decide whether the Survey of India’s 2004 map was suitable for the determination of Sukhna Lake’s catchment area.

The development is significant as the High Court, in its orders passed on March 2, 2020, had ordered demolition of constructions in the catchment area, declared Sukhna Lake legal entity and imposed unprecedented costs of Rs 200 crore on Punjab and Haryana, relying primarily on the Survey of India’s 2004 map. In an affidavit placed before the Bench of Justice Augustine George Masih and Justice Harinder Singh Sidhu, the Survey of India stated experts could include hydrologists, geographers and officers of the UT Engineering Department. The affidavit added the details/features shown in the map were accurate “accordingly to the scale of the map”.

The affidavit placed before the Bench by senior government counsel Arun Gosain also suggested certain points for “accurate delineation if required in the opinion of the group of experts”.

Among other things, it suggested catchment area boundary delineation should be done by a team of experts in hydrology, drainage, water resources, etc.

Topographical survey with smaller contour intervals as suggested by the group of experts for the whole area or plain areas with a gentle gradient would be carried out as an extra-departmental project by the Survey of India.

The final delineation as recommended by the team of experts would be shown by the Survey of India on the topographical map of the area. Any demarcation, if required, could be carried out on the ground in presence of the officials concerned by the Survey of India, it was suggested.

“The Survey of India provides only the topographical data to show the terrain of the area and terrain is shown by the contours. Contour plays an important role in the determination of the catchment area. The catchment area of Sukhna Lake has been marked as interpreted from this map,” the affidavit added.

The Bench was hearing a plea seeking the review of the High Court’s March 2, 2020, orders. The Bench had then asserted the defaulters throughout knew about the existence of Survey of India map of the catchment area. Yet, construction activity was carried out with impunity.

The Bench had ruled the state functionaries could not be oblivious to the large-scale construction activities in the catchment and its surrounding areas in negation of law. Punjab, Haryana and UT kept assuring the court unauthorised construction would not be undertaken, but it remained unabated leading to a grim situation.

Survey of India’s submission

• Relying on Survey of India’s 2004 map, the HC had, on March 2, 2020, declared Sukhna Lake a legal entity, ordered razing of construction in catchment area and imposed Rs 200 crore costs on Punjab and Haryana
• During a hearing on a plea seeking review of the orders, the Survey of India in an affidavit has suggested that catchment area boundary delineation should be done by a team of experts in hydrology, drainage, water resources, etc.

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