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Indian Express
29-04-2025
- Politics
- Indian Express
40-year legal battle over Jalandhar green belts ends in defeat for industrialists
The Punjab and Haryana High Court has dismissed a 40-year-old appeal by a group of industrialists challenging the State of Punjab's decision to revise the layout plan of the Jalandhar Industrial Area. The ruling, delivered by Justice Deepak Gupta, upholds the state's authority to alter the original 1951 plan—which included a 120-foot-wide road and green belts—despite objections from plaintiffs who claimed the changes infringed on their rights and harmed the environment. The dispute goes back to 1980, when Joginder Singh and other industrialists filed a lawsuit seeking a permanent injunction to prevent the state from diverting the road and green belts for other uses, such as allotting land to a school, a rubber factory, and government departments like the police and post office. They argued they had used these areas—flanked by 80- to 85-foot green belts—for over 20 years, asserting easementary rights, and contended that the state's 1979 revision, which reduced the road width to 80 feet and eliminated the green belts, violated their interests and public health. The industrialists claimed the original plan, prepared by the state's Industries Department, promised these amenities, and said they had built factories and homes with doors and windows facing the green belts. They further alleged the revision lacked proper government approval and public notice, calling it arbitrary and a breach of constitutional rights under Articles 14, 21, and 51(A)(g), which ensure equality, life, and environmental protection. However, the state and other defendants—including Devi Sahai Sanatan Dharam Girls High School and Hind Rubber Factory—defended the revision as a necessary policy decision to meet evolving needs, such as accommodating essential services. They argued the plaintiffs had no legal right to the green belts, as their sale deeds contained no such promises, and said the suit—filed without challenging the revised plan—was legally flawed. Justice Gupta's 23-page judgment, pronounced on Tuesday, rejected the plaintiffs' claims. He emphasized that no enforceable right had been established, noting: 'A perusal of the Conveyance Deed dated 08.11.1955 (Ex. DW5/1) executed by the Director of Industries, Punjab, reveals no covenant granting or assuring the plaintiff any right over the greenbelt or the 120-foot-wide road.' He further ruled the suit for injunction was not maintainable without a declaration challenging the 1979 revision, stating: 'It is a settled proposition that no relief can be granted beyond the pleadings and prayer clause.' The court also dismissed the claim of easementary rights, observing that under the Indian Easements Act, 1882, 30 years of uninterrupted use of government land is required—not the 20 years claimed by the plaintiffs. Justice Gupta underscored the state's policy discretion, saying: 'Amendment of layout plans in larger public interest, to accommodate essential services like Police Stations, District Industries Centres, and Post Offices, constitutes a policy decision,' and found no evidence of arbitrariness. The judge also pointed to the plaintiffs' unauthorised use of the green belts—opening doors and windows without approval—as a reason to deny equitable relief, remarking: 'Equitable relief is not available to parties who approach the Court with unclean hands.' He cited the 54-year delay and third-party rights accrued over time, concluding: 'Belated challenges are impermissible, particularly when third-party rights have accrued.'
Express Tribune
26-02-2025
- General
- Express Tribune
Result delay panics scholarship hopefuls
Thousands of students of public sector universities and colleges may be deprived of benefitting from the Honhaar Scholarships of Punjab government because of a delay in the issuance of their results. The result card is compulsory to apply for the scholarship scheme by the last date of February 28. According to sources, most of the students whose results have not been declared so far by the universities are of the third to eighth semesters. The Punjab Higher Education Department has issued a letter to the administrations of the public sector universities, urging them to immediately resolve the issue of the students so that they can apply for the scholarships. The sources said thousands of university and college students facing delay in the announcement of their results despite wishing to apply for the Honhaar Scholarships of the Punjab government. The government had launched the scholarship scheme to provide financial support to deserving and talented students of the province. The submission of applications for the Honhaar Scholarships is under way with February 28 set as the deadline. "We are three sisters studying in universities, while our parents are poor and are struggling hard to pay our fees. I am doing a job to continue my studies so that I can get a degree. The Honhaar Scholarship Scheme has given us hope but our results have not been announced, causing disappointment and worry as the deadline is approaches and the university administrations are not addressing our plight," said a student of a university, Samra Batool, while speaking to The Express Tribune. She said her class fellows had also been unable to apply for the scholarships because of the delay in the announcement of results. She alleged that the relevant officials were oblivious if the anxiety of the students as the deadline for the submitting the applications neared. Officials of the Punjab Higher Education Department also expressed concern over the delay in the results announcements. The department has written a letter to the public sector universities, urging them to immediately announce the results of the students. A senior official of Punjab Higher Education Department said the attention of the vice chancellors had been drawn towards the issue of delay in the announcement of various semesters' results affecting the students intending to apply for the Honhaar Scholarship. The official said submission of the current result along with the previous academic performance was compulsory to apply for scholarships, The delay in the issuance of the results is causing hurdles for the students in applying. All VCs were advised to facilitate the students applying for the scholarships by announcing the results at the earliest. The college administrations had also been requested through the letter to immediately announce the results in the best interest of the students, the official added. An official of Government College University Lahore also said many students would not be eligible to apply for the scholarships due to the delay.
