- (1.) This Court by the order dated May 10, 1996 in I.A. 29 [W.P.(C)No. 4677/85] dealt with the question whether - to preserve environment and control pollution - mining operations should be stopped within the radius of 5 kms. from the tourist resorts of Badkhal lake and Surajkund in the State of Haryana. The Court gave five directions in the said order. Direction 4 is in the following terms: We further direct that no construction of any type shall be permitted now onwards within 5 km radius of the Badkhal Lake and Surajkund. All open areas shall be converted into green belts. The Haryana Pollution Control Board (the Board) has notified the ambient Air quality Standards by the notification dated April 11, 1994. The notification fixes limiting standards of pollution in respect of sensitive areas, industrial areas and residential areas. The standards for sensitive areas are stringent than the standards prescribed for industrial and residential areas. The Board has recommended that the area of 5 kms. around the periphery of a center of tourism be notified as "sensitive area". With a view to control pollution and save environment in the vicinity of Badkhal and Surajkund, the above quoted direction was issued.
(2.) The Municipal Corporation Faridabad, Haryana Urban Development Authority and builders having interest in the area have approached this Court for modification/clarification of the above quoted direction. It is contended by learned Counsel appearing for the parties that in the said area of 5 kms. buildings are under construction, plots have been allotted/sold under various Development-schemes and the plot-holders have even started construction. According to the learned Counsel vested rights of several persons are likely to be adversely affected causing huge financial loss to them,
(3.) Although the direction specifically says "no construction... now onwards..." and as such the areas which are already under construction would obviously be excluded from the direction but in order to allay the apprehensions of the property-owners in the area, we are of the view that it is necessary to clarify the above direction.;