Friday, August 31, 2012

Were obstructing natural flow of Baltana choe in Mohali

Pipelines removed following High Court's intervention Saurabh Malik Tribune News Service Chandigarh, August 29 Pipelines reportedly affecting the natural flow of Baltana choe in Mohali have been removed following the Punjab and Haryana High Court’s intervention. But a petition filed in public interest for directions to the State of Punjab and its functionaries to stop “unauthorised construction” in the area earmarked for the natural choe has failed to find favour with the High Court. The petition filed by the Sahara Welfare Society, was disposed of by a Division Bench after it was informed that “the alleged choe, if any, existed on private land”. The directions by the Division Bench of Acting Chief Justice Jasbir Singh and Justice Rakesh Kumar Jain are significant as they have now paved a way for the resumption of construction activity in the area. Only on May 22, the Mohali Deputy Commissioner was directed to inspect the disputed site at Baltana village. He was also asked to ensure that no unauthorised or illegal construction was raised in the choe. Builders were also restrained from raising any construction. Pursuant to the High Court's directions, the Deputy Commissioner visited the spot and submitted a report on August 2. After going through the report the same day, the High Court asked the Deputy Commissioner “to get demarcation done of the natural nullah starting from the railway line up to Shagun Hotel”. He was also asked to remove unauthorised constructions that had come up on public land. “It should also be ensured that nobody is allowed to throw dirty water in the nullah, without permission and meeting the sitting norms laid down by the Punjab Pollution Control Board,” the High Court ordered. As the case came up for resumed hearing, the Deputy Commissioner filed an affidavit saying Dera Bassi tehsildar, who was directed to demarcate Baltana choe, found that it was not marked on the revenue map. Moreover, the land on which it flowed belonged to “private persons”. He also found that up to 95 per cent area was already constructed and demarcation was not possible under such conditions. The Deputy Commissioner also informed the Bench that he had directed the Dera Bassi Sub Divisional Magistrate and Patiala Executive Engineer (drainage) to remove RCC pipes from the Baltana choe as per the High Court's directions. In his report, a Sub Divisional Officer submitted that the entire length of RCC pipes laid near Aastha Royal Homes, Baltana, had been removed. The Bench concluded: “In view of the report of the revenue authorities, it is not feasible to proceed further in the matter because in the absence of demarcation of the area. In this view of the matter, the writ petition is disposed of”.

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