Healthy environment need of the hour: Punjab and Haryana High Court

Saurabh Malik
Tribune News Service
Chandigarh, July 16

The Punjab and Haryana High Court has made it clear that a healthy environment was the need of the hour and residential plots situated at a short distance from a sewage treatment plant may not be fit for human habitation due to continuous emission of foul smell and gases.

Bench orders refund of allottees’ amount

A Division Bench also directed the refund of the amount deposited by allottees for two plots in the vicinity of a sewage treatment plant in Mohali “without any deduction”. The direction came even as the Punjab Urban Planning and Development Authority and another respondent expressed readiness to refund the amount already paid by the petitioners, after making a 10 per cent deduction in accordance with the provisions of the Punjab Regional and Town Planning and Development Act.

A Division Bench also directed the refund of the amount deposited by allottees for two plots in the vicinity of a plant in Mohali “without any deduction”. The direction came even as the Punjab Urban Planning and Development Authority and another respondent expressed readiness to refund the amount already paid by the petitioners, after making a 10 per cent deduction in accordance with the provisions of the Punjab Regional and Town Planning and Development Act.

The developments took place before the Bench of Justice Rajan Gupta and Justice Karamjit Singh on a petition filed by Parminder Singh and another petitioner for directing the respondents to allot them some other plot in place of two residential plots in Gateway City, Sector 118-119, Mohali. In alternative, directions were sought to the respondents to refund the amount deposited by them for both the plots along with interest. The Bench was told that the petitioners visited both plots and came to know that they were situated at a distance of just about 55 and 45 ft from the boundary wall of the STP, rendering them unfit for human habitation.

Referring to the state government policy, the petitioners added that the STP was required to be located away from potential population growth. The allotted plots could not be used for residential purpose as the foul smell emitted by the STP was a continuous source of nuisance and also a health hazard.

After hearing counsel for the parties, the Bench observed that the STP was constructed using the latest technology and the project was approved by the Punjab Pollution Control Board, as per the respondents.

“The fact that a buffer zone of green belt — dense trees with pleasant fragrance — is to be provided around the STP clearly shows that the process of sewage treatment in the plant is not odourless. The foul smell emitted by the STP is a health hazard. The stench must be pervasive and cause of permanent nuisance in the area,” the Bench added.

Before parting with the order, the Bench added that the petitioners were not responsible for the pollution. It was not possible for them to reduce the pollution or the nuisance caused by the STP. In these circumstances, the defence taken by the respondents that the allotment of disputed plots cannot be cancelled as these were allotted to the petitioners on “as-is-where-is basis” is not tenable.