Constructions choke Gurgaon
From Ravi S. Singh
Tribune News Service

GURGAON, Dec 4 — The Haryana Government’s decision to allow construction of commercial buildings in areas having ravines and forests threatens to make the Gurgaon highway prone to floods.

Construction is taking place on 260 acres, intersected by crevices and nullahs. The site forms a green lung of the region and covers Nathupur and Dundahera villages and the Delhi-Jaipur stretch near the Delhi-Haryana border.

The construction is being carried out by a private company, headed by a relative of a former minister of Haryana, under name of "Ambience Project". The project envisages construction of a multistoreyed building which will have flats and corporate offices.

The alleged depredation to the environment started during the Congress government, headed by Mr Bhajan Lal. Now environmentalists and people here feel that with constructions coming up at a rapid pace all over Gurgaon, the drainage of storm water will be difficult in case the ravines continued to be filled up. There is no outlet for the drains in the area. If the ravines continued to be levelled the drain water could spill over the highway and the nearby residential areas. Flood water in the state in the past two consecutive years remained stagnated in the areas for months.

Besides, many feel that this also had the potential to scare those who would like to settle down in the area and depreciate the land value.

The issue, which was debated earlier, is once again in the eye of a storm. With traffic jams on the highway and road accidents becoming a recurring feature, residents of the region feel that the maladies would further deteriorate if such constructions are not looked into.

The 260 acre land was earmarked as a greenbelt both in the NCR plan 2001 (Regional Plan) and the Gurgaon Revised Draft Development Plan for Controlled Area I to IV issued vide a Haryana Government Gazette notification dated April 29, 1982. Of course, the Haryana Government has allowed the construction by a private party by first bringing about an amendment to the 1982 development plan for Gurgaon. The notificaton for the amended development plan was, however, reportedly done without seeking the approval of the NCR Planning Board. The contract for construction was given to a private party instead of the Haryana Tourism Development Corporation.

The commercial activities in the region have been allowed after the state government changed the status of a portion of the greenbelt by notifying it as a "Special Zone".

The NCR Planning Board was constituted under the National Capital Region Planning Board Act, 1985, for the preparation of a plan (Regional Plan) for the development of the National Capital Region and for co-ordinating and monitoring policies for the control of land uses and development of infrastructure in the National Capital Region so as to avoid any haphazard development of the region.

The objective of the Act is to see that the region is developed in accordance with the Regional Plan and the participating states — Haryana, Uttar Pradesh, Rajasthan and Delhi, parties to such a plan, are duty cast to follow and adhere to Plan in their respective states. It is pointed out that by virtue of Section 27 of this Act, the provisions of the Act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this factor in any decree or order of any court, tribunal or other authority.

The Haryana government published a Draft Development Plan for Gurgaon for inviting public objections and suggestions, under Section 4 and Section 5 of the Punjab and Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, vide the Haryana Government Gazette Notification No. 10 DP-82/6528 dated April 29, 1982, to accommodate an anticipated population of 10 lakhs by the year 2001. Later on, when the NCRPB formulated the Regional Plan, the provisions of the Draft Development Plan for Gurgaon were incorporated to the extent related to the regional policies with regard to population, employment, density pattern, traffic and transportation aspects and environmental and ecological aspects. The National Capital Region Plan-2001 (Regional Plan)as approved by the NCRPB on November 3,1988, also has an overriding effect.

The Haryana Government, in the year 1996, notified the Final Development Plan for Gurgaon (the amended Plan), formulated under Sub-Section 7 of the Section of the Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963 vide the Haryana government Gazette Notification No. JS-96/250 dated January 8,1996.

The fact that M/s Jasma Export, headed by Mrs Jasma Devi, wife of the then Chief Minister had made purchase of a portion land in the region after the change in the status of the greenbelt had invited frowns from several quarters. The land was further disposed off to another party which finally sold it to the company presently doing the construction. This had led many to believe that certain persons in the Bhajan Lal government might have had vested interests in changing the status of the greenbelt.

The state government’s oft repeated claim of Haryana being pro-forest and environment friendly does not hold water when the proposed plan of 1982 and the final Draft Plan of Gurgaon, 1996, was considered. From, the open area, specified in the notification is 850 hectares, the area dwindled to 363 hectares in the 1996 notification. When the overall encroachments on the open spaces, meant for greenery in the state, especially the industrialised towns of Gurgaon and Faridabad, are taken into account, the scenario would be much more gloomy.