Court on its own motion vs State of Haryana and Others

A.K. Sikri, C.J.—The Court has taken suo-motu notice on the complaint written by certain members of The Maruti Employees Co-operative House Building Society Ltd. Bhondsi, District Gurgaon, and registered the same as Public Interest Litigation. The complaint was to the effect that there is no proper system of discharge of sewerage water in the Maruti Employees Cooperative House Building Society in Gurgaon. Mr. Rana, learned Addl. Advocate General, Haryana has filed short reply on behalf of the Department of Town & Country Planning, Haryana. Along with this reply, a site plan/map of the area in question mentioning the place where the said society is located, is also filed. In the reply, it is, inter-alia, stated that this colony was established in the year 1991 in the revenue estate of village Bhondsi over an area approximately 101.00 acres. It is far away from the development area which comes under the control of the Haryana Urban Development Authority (HUDA). A legal position of this area in so far as the obligations of the State Authorities are concerned, is mentioned in paras No. 5 and 6 of the affidavit, which read as under:-

That the Development Plan of the controlled areas is prepared u/s 5 of Act of 1963 indicating land uses. The development plan is also prepared keeping in view the projected population and other relevant planning principles. The Govt. approves Development Plan and u/s 5(4) of the Act of 1963 and the said plan is published in Govt. Gazette Notification inviting objections/suggestion. Any people within 30 days, from the date of publication of the notification under sub section (4) send objections/suggestions in writing to the Director. After considering the objections, suggestions and representations, Govt. decides the final plan keeping in view recommendation of the Director. It is submitted that the developmental works in the urbanizable zone of Development Plan is carried out by various developmental agencies like Haryana Urban Area Development Authority, Haryana State Industrial and Infrastructure Development Corporation, Haryana State Agriculture Marketing Board and Urban Local Bodies. As far as Town and Country Planning Department is concerned which is only the regulating agency under the Act of 1975 and the Act of 1963 i.e. it only regulates urban development by granting licence under the Act of 1975 or change of land use permission under the Act or 1963 as per provisions of the Development Plan prepared under the Act of 1963. No development works are executed at site by this Department. The developmental works are executed by HUDA. As per Section 2(g) of Act of 1975, the External Development Works include water supply, sewerage, drains, necessary provisions of treatment and disposal of sewage, sullage and storm water, roads, electrical works, solid waste management and disposal, slaughter houses, colleges, hospitals, stadium/sports complex, fire stations, grid substations etc. and any other work which the Director may specify to be executed in the periphery of or outside colony area for the benefit of the colony/areas.

These development works are carried out by HUDA for which the necessary cost of development works is recovered from colonizers and change of land use granted areas located in urbanizable zone. The executing agencies are not providing any services for the sites located in agriculture zone and no EDC is being levied on them.

That Maruti Kunj Colony was established by Maruti Udyog Ltd. in 1991 in the revenue estate of village Bhondsi over an area approx. 101.00 acres. Presently 916 flats and one school (DPS) are existing in this colony and approx. 30.00 acres of land is lying vacant. As per verbal information approx. 6000 persons are living in this colony. Sewage of the colony has been treated by existing Sewage Treatment Plant (in 2.00 acres) within the colony, which is run by Residents Welfare Association (RWA) of Maruti Kunj. The treated effluent is used for plantation and further disposed off through pipe in the vacant 30.00 acres land of the colony. The main demand of the RWA is to connect their sewage line with HUDA sewer line or sewage line of Jail complex which is approx. 6.00 KM away from the colony. This colony comes under Controlled Area declared around Primary School of Naya Gaon, which was notified vide notification No. JD-97/13572 dated 28.08.1997. As per Final Development Plan, Gurgaon, Manesar Urban Complex-2025 AD & Draft Development Plan, Gurgaon, Manesar Urban Complex-2031 AD, this colony falls in agriculture zone. A copy of part development plan showing the site is placed at Annexure R-1. As it is clear from above facts that this colony is existing before declaration of Controlled Area and is not part of existing or proposed urbanization. Hence in view of above, it is not mandatory for Haryana Urban Development Authority (HUDA) to provide sewage line. Moreover, the Department has never granted any licence or change of land use permission to the colony. Therefore, the Department or HUDA, the State Agency which is responsible for execution of External Development Works, are not bound to provide such services to the petitioners society/colony. HUDA provides the External Services only within the urbanizable area of the Development Plan, whereas this colony is situated in agriculture zone at a far off distance from the urbanizable zone of Draft Development Plan-2031 of Gurgaon-Manesar Urban Complex. The RWA may contact the colonizers of Gurgaon for utilizing its treated water for construction purpose. Even as on now, the site falls within the Agriculture Zone of the Development Plan of Gurgaon Manesar Urban Complex-2025 AD. As per zoning regulations, residential colony is not permitted in agriculture zone. It is also submitted that the Urban Local Bodies Department, Haryana has also clarified that village Bhondsi does not fall within the Municipal limits. Hence, contention of the complainants that the colony in dispute falls within the Municipal Area is wrong. Thus, Department of Town & Country Planning has no role in disposal of sewage of the land in dispute. It is further submitted that the complainants have never submitted any application in this Department either for grant of licence under the Act of 1975 or for change of land use permission under the Act of 1963.

Having regard to the aforesaid legal position, it is not necessary to pass any orders in this petition and the same stands disposed of.