High Court Punjab-Haryana High Court

Dr. Gaurav Chhabra vs Union Of India And Others on 16 July, 2009

Punjab-Haryana High Court
Dr. Gaurav Chhabra vs Union Of India And Others on 16 July, 2009
 CWP No. 2761 of 2009                                             [1]

      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                        CHANDIGARH



                               Date of Decision: 16.07.2009


(1)   CWP No. 2761 of 2009

Dr. Gaurav Chhabra                                      ..Petitioner


                        versus

Union of India and others                              ..Respondents



Present :   Mr. APS Shergill, Advocate
            for the petitioner

            Mr. O.S.Batalvi, Advocate
            for respondent No.1 Union of India.

            Mr. Jasmandeep Singh, Advocate for
            Mr. Anupam Gupta, Sr. Standing Counsel
            for respondent No.2-UT Administration.

                        -----------

(2) CWP No. 8348 of 2009

H.S.Johal and another ..Petitioners

Versus

Chandigarh Administration and others ..Respondents

Present : Mr. R.D.Sehgal, Advocate
for the petitioners

Ms. Amanpreet Singh, Advocate for
Ms. Lisa Gill, Advocate for respondent No.1
U.T. Administration

————

  CWP No. 2761 of 2009                                             [2]

CORAM:        HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

1.Whether Reporters of local papers may be allowed to see the
judgment ?

2. Whether to be referred to the Reporters or not ?

3. Whether the judgment should be reported in the Digest?

*****

T.S.Thakur, C.J. (Oral)

This petition has been filed in public interest. It brings into

focus what according to the petitioner is uncalled for interference with

what happens to be a heritage site of considerable importance from the

educational point of view comprising a large water body surrounded by

thick natural vegetation and abundant bio-diversity in Sector 26 of

Chandigarh.

The petitioner’s apprehension is that the site in question

which is frequented by people living in the city of Chandigarh and

school children is sought to be taken over by the Administration for

setting up of a Civil Services Officers Institute for IAS officers. Any

such take over of the area would, according to the petitioner be against

public interest as the same would deprive the citizens of the green

patch which has been traditionally used as a green spot supporting

bio-diversity in the area.

Mr. Shergill, learned counsel appearing for the petitioner

argued that there was need for maintaining and preserving the flora and

fauna of green patches in Chandigarh, as also in the site mentioned

above, which is sought to be taken over for a purpose totally different

from the one for which it has been hithertofore used.

CWP No. 2761 of 2009 [3]

In response to a notice issued by this Court, Union

Territory Administration, Chandigarh has filed a reply on the affidavit

of Sanjay Kumar, IAS, Finance Secretary cum Secretary, Urban

Planning, UT Chandigarh, in which the allegation that the

Administration was taking over the site for setting up Civil Services

Officers Institute has been denied. The affidavit further states that the

Administration proposes to set up a Butterfly Park at the site in question

and a proposal in that behalf has been approved by the Administrator,

UT Chandigarh on 29.03.2009. The said park shall comprise 7.144

acres within the area in dispute, although, the detailed design of the

park has not been worked out. It is further stated that the park will be

consistent with basic the character of the existing site and its existing

natural features such as trees and the water body(pond). It is also stated

that the natural environment of the site will be maintained.

In the light of the specific stand taken by the respondent-

Department, we see no basis for apprehension that the site in question

may still be used by the Administration for setting up any institute for

the officers or otherwise.

Mr. Shergill, learned counsel appearing for the petitioner

next argued that the efforts to dry up the area by making it thirst for

water and consequent destruction of its basic character are still on as

the Municipal Corporation which was earlier supplying water to the

pond is no longer doing so. This position is disputed by learned counsel

for the Administration who submits on instructions that the water

supply for the pond continues as before and the allegation that the pond

will be made to dry up in due course is without any basis.

CWP No. 2761 of 2009 [4]

Apart from the fact that there is no allegation in the writ

petition that the pond is not being fed with water in an attempt to make

it go dry, even the Municipal Corporation has not been impleaded as a

party to these proceedings. No relief against the Municipal Corporation

to continue the supply of the water has been prayed for. The argument

that the water supply is being disconnected appears to have been

advanced without there being any factual foundation in the pleadings

for any such assertion at the bar. In the circumstances and especially in

view of the statement made on behalf of the Administration that the

water supply to the pond continues as before , we have no hesitation in

holding that the allegation regarding disconnection of the water supply

needs notice only to be rejected.

That brings us to Civil Writ Petition No. 8348 of 2009 in

which too the subject matter of the proceedings happens to be the very

same area. The petitioner’s grievance in the said petition, inter-alia, is

that setting up of a Butterfly park may not be an ideal concept for the

area in question. More importantly, petitioner No.2 in the said petition

appears to be having an obvious personal interest in filing the said

petition in as much as he intends to carry on his activities as President

of the Environment Society of India in the said area, where he appears

to have kept some ducks and a few cages for them. It is submitted by

learned counsel appearing for the petitioner in the said petition that the

proposed Butterfly park will not only displace petitioner No.2 society

but also result in removal of fruit trees nursery which is also being run

in the neighbourhood.

CWP No. 2761 of 2009 [5]

Having heard learned counsel for the parties to this petition

also at some length and after perusing the record, we are of the view

that the petitioners have not made out any case for our interference with

the proposed Butterfly Park in the area. We say so because the existing

conditions in and around the area do not appear to be all that conducive

to the continuance of the area without any further development. A

report submitted by the Conservator of Forests dated 10.2.2009 to

Secretary, Forest, a copy whereof has been enclosed as Annexure P-2 to

the writ petition, suggests that the area in question was inspected on

4.2.2009 by the Conservator of Forests only to find that there was no

fencing around the area which made it highly prone to encroachments.

It is also noticed that lot of fruit trees which are at fruiting stage, are

also growing and are prone to damage by intruders in the absence of

any fencing around the area. The water body which the petitioners

describe as a place of heritage also requires to be maintained as it has

in its present state been described “as a water pond having dirty water”

with few cages in which some Ducks have been kept by petitioner No.2

Society. The Conservator of Forests has in that view proposed that the

area needs to be secured by putting a fence on the periphery.

The report made by the Conservator of Forests also appears

to be based on the discussion with Wildlife Institute of India, Dehradun

which is said to be possessing necessary expertise on Butterflies and

can provide technical know-how for the establishment of a ‘Butterfly

Park’. The proposal for development of the area as a Butterfly Park and

for small Interpretation Centre referred to in the report made by the

Conservator of Forests does not appear to us to be an unachievable
CWP No. 2761 of 2009 [6]

target so as to call for our interference in exercise of our writ

jurisdiction. Suffice it to say that the questions whether a Butterfly Park

is an ideal project for the area? whether fencing is necessary around the

area? and whether the area needs to be cleared from encroachments and

improvements brought above in the same and if so the extent and the

nature of the improvements, are all the matters which are better left to

the wisdom of the Administration. We would not, therefore, like to

interfere with the ongoing project of the Administration so long as it

does not intend to convert it into an institute for the officers as was

alleged by the petitioners. for developing the area whether as a

Butterfly Park or as an ‘Interpretation Centre’ for the said park as

proposed by the Conservator of Forests.

In the result, both these petitions are dismissed. We hope

and trust that the Administration shall take steps and measures that

would enhance the beauty of the area as a green and natural spot with a

water body to preserve the flora and fauna of the region. No costs.

(T.S.THAKUR)
CHIEF JUSTICE

(KANWALJIT SINGH AHLUWALIA)
JUDGE
16.07.2009
‘ravinder’