Amazed how authorities allowed constructions to continue on Kaimbwala land: High Court

The Punjab and Haryana High Court has expressed astonishment over the ongoing construction projects in Chandigarh's Kaimbwala village, a sensitive ecological zone, even though the court had imposed a ban through its Division Bench. The court observed, "We are amazed as to how the authorities have allowed such constructions to go on when there is a ban imposed by the Division Bench of this court."

This remark came after a report by the Local Commissioner and a video presentation, both indicating a large number of constructions and new boundary walls on specific land records (khasra numbers) in Kaimbwala. The Division Bench, comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, had recorded the report and received a pen-drive submitted by advocate Nitin Kaushal, who acted as the Local Commissioner earlier.

The matter stems from a suo-motu interim application in a case against the Chandigarh Administration and others, represented by Senior Advocate Akshay Bhan and Advocate Shaurya Khanna. The application, filed by Akhilesh Barak, alleges that private individuals had brought in heavy machinery and around 8-10 construction laborers onto an unpartitioned agricultural holding in Kaimbwala on August 10 and 11.

They claim that this led to the commencement of a permanent reinforced cement concrete (RCC) structure, with steel reinforcement pillars reaching up to 10 feet in height. The applicants argue that this construction has been taking place within the Sukhna Lake Catchment Area and protected Eco-Sensitive Zone (ESZ), just 500 meters away from Sukhna Lake.

They assert that a permanent 10-foot RCC wall would significantly alter the natural drainage contours and hydrology of the basin. The application cites interim protection orders from March 14, 2011, and December 18, 2020, which explicitly prohibit new building activities and landscape modifications in the catchment area. The applicants also noted a pattern of unchecked activity from June to August 2026, including the dumping of over 25-100 truckloads of external soil and industrial malba, raising the terrain by four to six feet, and the erection of 15-20-foot-high shade curtains to conceal late-night earthmoving operations.

They also accused JCBs of burying debris in 12-15-foot-deep trenches. The court, in its August 31 order, emphasized its expectation that authorities would ensure no unauthorized construction occurs in the area. The matter is scheduled for a hearing on September 10, 2026.