Gurugram: The Punjab and Haryana High Court has directed the Haryana government to devise a well-structured disaster management plan for residential communities located along riverbanks, observing that the state has a constitutional responsibility towards public welfare.
The ruling was delivered on 13 February in a case involving Maharishi Markandeshwar Developers Private Ltd, which contested the state’s reclassification of its land located near the flood-prone Tangri River from “residential” to “agricultural” under Ambala’s Final Development Plan 2025 AD.
The petitioner (developer) sought that the respondent (state) be directed to decide its application for grant of licence to develop a residential plotted colony on the 95.431 acres of land reclassified as “agricultural”.
Hearing the writ petition, the HC bench comprising Justice Sureshwar Thakur and Justice Vikas Suri underscored the necessity for a strategic flood management initiative.
“A specialised team must be appointed to formulate a scientific disaster management framework, ensuring the safety and well-being of densely populated settlements along all rivers within Haryana,” the court said.
Justice Thakur noted discrepancies in the state’s processes, highlighting that no proper scientific evaluation was conducted before altering the land classification. He pointed out that several surrounding areas continued to be classified as residential or industrial despite similar flood risks.
The court ruled that the state had arbitrarily changed the land classification without due process and directed the authorities to reassess the petitioner’s application based on scientific data and expert evaluations.
Also Read: Haryana ministers seek power to transfer govt employees, CM Saini puts his foot down
A look at the case
The developer-state government dispute originated in 2008, when the former applied for a residential development licence. Despite furnishing documentation and financial requirements, the Haryana government allegedly delayed approval for the licence, citing flood risks from the nearby Tangri River.
In 2012, the government issued a draft development plan changing the classification of the land from “residential” to “agricultural”, which was finalised in 2013 without considering objections from the petitioner.
During the litigation, multiple expert reports were presented.
An Indian Institute of Technology-Roorkee study of 2015 suggested that with proper flood mitigation measures, residential development was feasible.
However, a joint survey conducted later by the Central Water Commission and the Haryana irrigation department opposed the construction, citing flood risks and urban planning guidelines restricting habitation in active floodplains.
Opposing the developer’s plea, the state counsel submitted that though the petitioner had submitted an application dated 21 November, 2008, for grant of licence, it was observed on receipt of reports from field offices that the site in question was located on the riverside of the left marginal bandh of Tangri. Therefore, the engineer-in-chief of the state irrigation department was requested to furnish his report with respect to flood-risk on the land.
In the report, the engineer said the area proposed for development of a residential plotted colony was vulnerable to floods during high discharge in the river, and that any kind of construction within the bandh should be avoided.
The state counsel further submitted that the life of citizens and their properties could not be put to risk by granting licence to the petitioner for development of a residential colony on the proposed land, and by ignoring the technical advice of the irrigation department.
In its order, the HC accepted the IIT Roorkee recommendations, emphasising that development of the residential colony could proceed with necessary safeguards. The bench also criticised the Haryana government’s inconsistent policies.
Also, the court mandated the state to take a proactive approach in formulating a comprehensive disaster management plan for all riverbank settlements. This plan, according to the court’s direction, should involve a team of experts conducting a detailed study on flood vulnerability and preventive measures.
(Edited by Nida Fatima Siddiqui)
Also Read: Haryana cow protection body’s budget rose to Rs 510 cr from Rs 2 cr in 10 years of BJP rule