Premium

Illegal construction in Siswan HC rejects GMADA affidavit on forest land violations, imposes Rs 25,000 cost

The Punjab and Haryana High Court rejected the GMADA status report on unauthorised constructions in the Siswan forest area, saying the authority is not coming clean on action taken and timelines.

Harayana SiswanThe court was hearing a matter relating to alleged illegal commercial and other constructions in and around Siswan forest area (File photo).

The Punjab and Haryana High Court on Tuesday rejected an affidavit filed by the Greater Mohali Area Development Authority (GMADA) on unauthorised constructions in forest and periphery control areas and imposed interim costs of Rs 25,000 to be deposited in the Poor Patients Welfare Fund (PPWF) of PGI Chandigarh.

A division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry granted GMADA liberty to file a fresh affidavit with complete details and listed the matter after a week.

The court was hearing a matter relating to alleged illegal commercial and other constructions in and around Siswan forest area in the SAS Nagar district. During the hearing, counsel appearing for private respondents and affected parties alleged that GMADA had filed evasive and misleading replies, understating the number of violators and failing to disclose concrete action taken against them.

Earlier, the Forest Department had informed the court that there were 182 defaulters across the SAS Nagar district, whereas GMADA’s initial reply had mentioned only 28 violators in Siswan village. After the court flagged inconsistencies, GMADA filed a subsequent affidavit stating that a survey had identified 193 unauthorised constructions and that action under the Punjab Regional and Town Planning and Development Act, 1995 and the Punjab New Capital (Periphery) Control Act, 1952, had been initiated.

However, the counsel for the petitioner expressed dissatisfaction with the affidavit and the “action taken report”, noting that it did not disclose critical details such as when notices were issued, what follow-up action was taken, whether interim protection had been granted in statutory appeals, and whether violators were allowed to continue commercial activities. The court was also told that in some cases, notices had been issued years ago without effective enforcement, while in others they were issued only after the court’s intervention.

The bench observed that the affidavit was non-speaking and failed to give a complete picture of enforcement against illegal constructions, despite the court’s earlier directions to place on record a detailed status report. The court also questioned why GMADA had relied on contempt proceedings and past orders without clarifying their relevance to the present proceedings.

The bench directed GMADA to file a fresh affidavit with full particulars, including details of notices, action taken, pending appeals, and timelines, and warned that authorities must come clean when dealing with forest land and environmental violations.

Story continues below this ad

The matter has been listed for further hearing next week.

Reasons cited for rejecting GMADA’s affidavit

*Contradictory figures on the number of violators, with GMADA initially reporting 28 defaulters and later acknowledging 193 after the Forest Department disclosed 182 defaulters across the district.

*Failure to disclose dates of issuance of notices, the nature of violations, and the stage of proceedings against each violator.

*Lack of clarity on whether appeals were pending, whether interim orders were operating, and whether commercial activities continued despite prohibitory orders.

Story continues below this ad

*An evasive and non-speaking status report that did not comply with the court’s direction to file a comprehensive affidavit.

*Apparent selective enforcement, with some establishments allegedly shut down swiftly while others continued despite long-pending notices.

*Reliance on unrelated contempt proceedings and past orders without explaining their relevance to the present matter.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

Advertisement
Loading Recommendations...
Latest Comment
Post Comment
Read Comments