ETHICAL LEGAL CONSULTANTS
DECISION TO CONVERT PUBLIC PARKS INTO RESIDENTIAL AREAS IN FARIDABAD CITY STAYED BY PUNJAB & HARYANA HIGH COURT STATING EVERY CITIZEN HAS A FUNDAMENTAL RIGHT TO FRESH AIR The petitioners, Jan Kalyan Samiti - a registered body under the provisions of the Haryana Registration and Regulation of Societies Act, 2012, had approached the High Court against illegal encroachments upon open spaces and parks after which it was revealed that the Government of Haryana proposed to convert these spaces into residential areas.
Chamber No. 696, Lawyers Chamber Building Judicial Court Complex, Anuvart Marg, Sector 12, Faridabad, Haryana 121007
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ETHICAL LEGAL CONSULTANTS
On 6th October 2020, during proceedings of the case, Punjab and Haryana High Court emphasized that every citizen has a fundamental right to fresh air. The ecology and environment of the area would be affected drastically if the parks are converted into the residential area.
The Bench of Justice Rajiv Sharma and Justice Harinder Singh Sidhu were hearing a petition challenging the decision of the Government of Haryana to convert Public Park into the residential area (in N.I.T., Faridabad).
According to the averments made in the petition, Faridabad Township came into existence immediately after partition of the country in 1947. A master-plan was drawn for development of the Township making provision for parks, schools and green areas. According to the master-plan, residential areas of Faridabad Industrial Township were divided into five parts. Each part was named as neighbourhood i.e. Neighbourhood – I, II, III, IV and V. The total area of these parks was 7.5 Acres approximately.
The petitioner-society had approached the High Court against illegal encroachments upon open spaces and parks in the Faridabad Industrial Township. During the course of hearings, it was revealed that the Government of Haryana proposed to convert these spaces into residential areas.
Chamber No. 696, Lawyers Chamber Building Judicial Court Complex, Anuvart Marg, Sector 12, Faridabad, Haryana 121007
BEST DIVORCE LAWYER IN FARIDABAD HARYANA RERA PROPERTY CIVIL CRIMINAL
ETHICAL LEGAL CONSULTANTS Describing the State’s new proposal as a nullification of the Court's orders, the Court stated:
“It was expected from the respondents to evict the illegal encroachers from the public land instead of nullifying the orders passed by this Court from time to time by converting the park into residential areas.”
In pleadings, the residential society had termed the new plan proposed by the State as unreasonable, arbitrary and violative of Articles 21 and 48 of the Constitution.
The Court agreed that the State took a U-Turn while proposing to convert parks into residential areas and cited Supreme Court rulings in similar fact situations and stayed the proposal of State Government of Haryana to convert parks into open areas till further orders.
Chamber No. 696, Lawyers Chamber Building Judicial Court Complex, Anuvart Marg, Sector 12, Faridabad, Haryana 121007
BEST DIVORCE LAWYER IN FARIDABAD HARYANA RERA PROPERTY CIVIL CRIMINAL