Prepare disaster mgmt plans for those living along river banks : HC
The high court bench of justice Sureshwar Thakur and justice Vikas Suri directed that a team of experts be engaged for the same.
The Punjab and Haryana high court has directed Haryana to prepare disaster management plans for dwellings along the rivers in Haryana.
The high court bench of justice Sureshwar Thakur and justice Vikas Suri directed that a team of experts be engaged for the same.
It further directed that adequate funding be ensured for which the state may impose cess on residents to construct concrete bundhs so that chances of flooding of the areas, upon swelling of rivers, during monsoon could be decimated. It also directed that special structural designs be prepared for the construction to be allowed in such areas to avoid ill consequences of natural disasters.
It has also been directed that upstream in rivers, where there is no population, diversions be created to reduce volume of the water at the time of heavy rains. Two months’ time has been given for the implementation of these measures and directions have been given to put in place the infrastructure before the monsoon season by using funds from the state and central schemes.
The court was hearing a plea from Maharishi Markandeshwar Developers Private Ltd, a developer, who had in 2013 challanged notification of the final Development Plan- 2025 for Ambala. The developer had also challenged notification whereby land belonging to the petitioner, has been changed from ‘residential’ to ‘agricultural’, which restricted the developer to raise colony on the piece of land possessed by the petitioner. The directions were also sought to grant licence to develop a residential plotted colony over land measuring 95.431 acres, in village Sarsehri/Rampur in Ambala along Tangri river.
The court has quashed the notification and allowed petition of the developer. However, it suggested that construction be allowed as per the recommendations of the scientists engaged. While allowing the plea, the court observed that the incidences of flooding are recurrent but seasonal in Tangri. “Therefore, the calamitous effect of ill river actions cannot be equated with ill effects as becomes generated from ill oceanic actions/sea actions,” it observed adding that the developer can be allowed to set up the colony after ensuring that inhabitants in future are not adversely affected due to swelling of the river. It accepted the recommendations of experts in which it was stated that a minimum width of the river of 185 meters be ensured before construction of bundhs and the safety of the road bridge be ensured.
The court observed that the constitutional right of right to life, enshrined in Article 21 of the Constitution, is to be ensured to user of those properties, which are on the banks of the rivers. The same can be ensured through creations of disaster management plans, besides upon expeditious execution of the same by the state, it recorded adding that same has to be funded by the state. However, “reasonable cess” could be imposed on the owners of such lands.