Haryana: House amends land Act, Aravallis now open for construction

Alleging that the move “reeks of a multi-crore scam”, the Opposition said that the amendment will take out the protected forest areas and ecological preserves of the Act’s ambit.

During nearly an hour-long debate in the House, on the legislation, the Congress and Indian National Lok Dal MLAs alleged that the amendment was brought by the BJP government to favour mining mafia and real estate developers by allowing construction in areas where it was previously not permitted.

The Act was enacted before partition by the then Punjab government in 1900. It provided for conservation of subsoil water and/or prevention of erosion in areas found to be subject to erosion or likely to become liable to erosion. The orders and notifications issued under Section 4 and/or 5 of the Act extend to approximately 10,945 sq km, accounting roughly for about 25 per cent area of Haryana. It covers, wholly or partly, 14 out of the state’s 22 districts.

Urging the government not to tamper with the Aravallis, especially when the state has less than 7 per cent forest cover, Opposition MLAs said the hills are helping to maintain ecology in the NCR as well as Delhi. The amendments in the Act will give sanction to the unauthorised constructions that came up since 1966 as the new law will come into force with retrospective effect, said the Opposition. Refusing the logic, the treasury benches said the amendments were necessary to prevent demolitions in some areas, including Kant enclave of Faridabad, following Supreme Court orders.

Referring to the recent Supreme Court verdict, wherein it had directed to demolish a private housing colony and sector developed by Haryana Urban Development Authority in Faridabad, Khattar said because of this decision, hundreds of sectors in other districts too are facing a question mark on their future. “Even agriculture land is covered under the Act. Thus, amendments were necessary,” he said.

Congress legislator Karan Dalal even called it a “kaala kanoon (dark law)”, terming the move the “biggest scam” of the BJP government’s tenure in Haryana. Former Chief Minister Bhupinder Singh Hooda suggested that a Joint Legislative Committee be constituted to examine the provisions of the amendment Bill, but failed to get any positive response from the treasury benches.

Rubbishing the Opposition’s accusations, Khattar said, “We don’t need to fear when our intentions are good.”

Congress Legislative Party leader Kiran Choudhry said, “We will lose everything in the entire NCR if we tamper with Aravallis. If we pass this Bill today, next generations will not forgive us.”

Another Congress MLA Lalit Nagar said the amendment should be struck down by court of law.

However, the government went ahead and the House passed the amendments. Explaining the necessity for amending the Act, Forest and Wildlife Minister Narbir Singh said there is no provision in the Act to provide a reasonable opportunity of being heard before imposing restrictions, prohibitions and regulations. “In order to adhere to the principles of natural justice, it is required to be provided. The Act does not have any provision to rectify, amend or de-notify the orders and notifications even where the same has been found to have inherent defects, mistakes or where certain land have been inadvertently included…,” he said.