BACHAN LAL Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) The petitioner, claiming himself to be a public spirited person aged 76 years and having retired from Indian Navy, has filed the present writ petition claiming the following relief:-

(2.) Mr. Baldev Singh, learned counsel appearing on behalf of the petitioner submitted that the present petition pertains to the ecology, economy and the well-being of the residents of Village Sangrani, Ambala and region, which is going to be severely effected on account of the non-implementation/non-enforcement of the provisions of the Punjab Land Preservation Act, 1900 (for short "PLPA") and other related laws. Village Sangrani is situated at the bank of 'Roon' River and adjoining thereto is the Shamlat land measuring 1500/1600 kanals of the village, which has been notified as "Forest Land" under Section 4 of the PLPA. In this land, there are number of khair trees having width of 1 1/2 ft. Due to the mining in the river as well as in the forest land, the villagers are facing problems to approach their agricultural land.

(3.) It was next argued that the Lower Shivalik Hills falling in the Districts of Panchkula, Ambala and Yamuna Nagar are mainly drained by number of perennial streams. River System exhibits dendrite to sub-dendrite pattern and at some place sub-parallel and radial also. The Gram Panchayat of Village Sangrani by passing resolution dated 18.8.2010 had taken a decision that the mining operations in Village Sangrani and adjacent river be prohibited owing to the danger to the inhabitants. There is no passage to approach the agricultural land, which is situated across the river and due to this reason, the land had become barren. The resolution submitted to the BDPO, Naraingarh was forwarded to the Mining Officer-respondent No.6 on 31.8.2011. Many representations against the illegal mining and illegal screening plants have been submitted, but no action had been taken thereon.