‘Palm Tree Justice’

The people who constructed buildings in the catchment area right under the nose of the authorities concerned without permissions took a big chance and risk. Action against them may not be unjustified strictly from a legal point of view. But a solution to the entire issue could be found in the concept of “Palm Tree Justice”. A pragmatic approach to justice, it is entirely discretionary and enables the Court to order what it thinks is fair and just in the circumstances of the case. People who had governmental nods and permissions showed some sort of faith in what the government does. They might have legitimately remained under the impression that their actions have the government’s seal of approval. In the circumstances, it may be very difficult to calculate and quantify the amount and nature of relief to compensate them for the loss of their sentiments, investment and trust. One small village like Kansal in the Sukhna catchment area needing healthy ecological environment, without proper infrastructure fell prey to the greed of proximity to Chandigarh and government participated in the damage by ignoring Court orders.

Tanu Bedi, Advocate and amicus curiae in the Sukhna Lake case

Dealt with an iron hand

Illegal construction must be dealt with an iron hand so that it becomes deterrent for others. As regards those who had permission, they should be dealt separately and rehabilitation measures ordered by the HC must be followed in true spirit as they posed trust in the authorities.

Aalok Jagga, advocate-petitioner in Camelot case