‘Harder than a war’: Retd colonel on his SC win against a road ‘benefiting’ BJP Karnal office

In October 2023, the Haryana Shehri Vikas Pradhikaran (HSVP) – previously known as the Haryana Urban Development Authority – constructed the 100-metre, 10-metre wide road, which gave direct access to an area in Sector 9 of Karnal district holding a green belt, to National Highway-44. This was done after clearing 40 trees.

According to Rajput’s submission in court, the road was built within days, by labourers working round-the-clock, to beat a status quo order from the High Court. Rajput’s house incidentally shares a wall with the BJP district office, which meant the road facilitated access for him too, but his argument was that given that another approach road to the highway was just 100 yards away, it was not necessary.

The HSVP told the Court that there was “an urgent necessity of planning a safe access to National Highway-44 for the residents of Sector 9”, and said the new road reduced “hazardous traffic mechanism and ensured safe ingress and egress, safeguarding schoolgoing children, pedestrians and local commuters”.

HSVP Chief Administrator Chander Shekhar Khare, in his affidavit to the court, said that the allegation that “the pathway was conceived or executed for the benefit of any political party or individual is wholly misconceived and incorrect”.

Turning down the HSVP submissions, the Supreme Court said that its “explanation is not only an eye wash but rather an attempt to mislead the Court”. Ordering restoration of the green belt, it said that “(this) means access will have to be stopped through that green belt”, and said the authorities should work out a solution. “They have created the trouble.”

Karnal BJP district president Praveen Lather told The Indian Express: “We did not cut the trees, nor did we have any role in it. The administration constructed the road for neighbouring schools and temples. We have nothing to do with it.” He added: “We will abide by the Supreme Court order. If the administration has done something wrong, that is for the administration to look into.”

On the demand that the BJP shift the office out of the residential area, he said: “We applied for the plot in accordance with the norms, and it was allotted only after fulfilling all the conditions laid down by the HSVP.”

Former area municipal councillor Mukesh Arora, who is from the BJP and had written to the HSVP in April 2023 seeking the road, said it was beneficial for all. “Because of the BJP office and regular cavalcades, there is significant movement of vehicles here. After the area was connected to the national highway, the traffic blockades were cut down.”

Sector 9, Karnal

Rajput, who took premature retirement from the Army in 1992, bought a 1,000-sq yard plot for a home in Sector 9 in 1989. He says he paid 10% ‘preferential location charges’ to the HSVP for the green belt.

For nearly three decades, the plot next to his remained vacant, he says. In October 2018, concerned over the plot becoming a defecating ground and garbage dump, Rajput and other residents appealed to the HSVP that it be developed as a park.

What they didn’t know, they say, is that in June 2018, the HSVP had put out an advertisement allotting the plot as an institutional site. According to officials, they received only one application for the plot, from the BJP.

In November 2018, soon after the application by Rajput and others seeking a park, the plot was officially allotted to the BJP on a freehold basis.

Rajput says that on April 28, 2023, they woke up to a pile of cemented tiles dumped in the green belt, and found that it was for a road to be built through the green belt to the new BJP office. After he protested, including on social media, the tiles were removed.

A week later, then Chief Minister Manohar Lal Khattar inaugurated the BJP office, named ‘Karan Kamal’.

When the process to build the road resumed soon after, the residents made a representation in May 2023 to the Municipal Corporation, Karnal, and HSVP, urging them not to proceed. The residents questioned the requirement for the road given there was an approach road to the highway nearby, and said the resultant increase in traffic and a sharp turn on it were safety hazards.

On October 5, 2023, Rajput says, a team of 15-20 people arrived with equipment and felled close to 40 trees, some 25-year-old, within hours. Two days later, Rajput moved the High Court seeking a judicial inquiry, cancellation of allotment of the plot to the BJP office, and restoration of the green belt. On October 10, the petition was accepted, with the High Court listing it for October 20.

“Next day (October 11), the entire State machinery was pressed into service to complete the construction of the road through the green belt. Excavators, bulldozers, dumpers of earth, concrete and sand were deployed,” Rajput says.

On October 13, he filed an interim application to seek a stay on construction. Three days later, the court ordered a status quo.

However, HSVP records confirm that 95% of the work on the road was already complete by then.

“They built most of the road in two days. The day the High Court ordered status quo, the same night they deployed 100-150 people, who worked day and night. By the time the order of the High Court reached the officials, the status quo was meaningless,” Rajput says.

On May 3 this year, the High Court dismissed Rajput’s petition, and in August, he moved the Supreme Court.

In its December 10 order, the apex court directed the state to restore the original green belt and plan an alternative access road within three months. “How to do it is for them to look into,” said a Supreme Court Bench comprising Justices J B Pardiwala and K V Viswanathan.

Rajput’s neighbour, Colonel (retired) Manjeet Singh, welcomes the order, saying: “I was among those who raised their voice on this issue.”

The day the Supreme Court order came, 26 lawyers were present, including Additional Solicitor General Vikramjit Banerjee, on the government side; Rajput was represented by two lawyers, including his son Bhupender Pratap Singh.

The episode has been an eyeopener, says the retired Army officer. “I wrote to the Environment Ministry, National Green Tribunal, Chief Minister and others after the trees were cut. Forget about action, there wasn’t even a reply… Despite being a retired Army colonel and a resourceful person, if I can feel so helpless, what must a common man endure?”