‘Let us fight for clean and green environment’
LUDHIANA-City master plan

Ludhiana city clean and green must be motto for human peaceful and comfortable living forever as per Article 21 of the Indian Constitution

Updated on 26-4-2008

REACTION AND MORE

 http://www.expressindia.com/latest-news/MC-suggests-industries-stay-within-residential-areas/290485/

The officials and others who support that the survey suggests that the  colonies   have seen rapid industrial growth and hence be declared as fit for mixed land use should also give their findings and recommend the case for high level inquiry by independent agency about the role of all departments and officials concerned for enhancing the degree of pollution in the area at the instance of polluted and mean people in lieu of collecting monthly as a booty from the industrialists responsible for intolerable pollution in the area admittedly being residential in nature.

The corrupt officials instead of checking and to stop the growth of the polluters did every corrupt practice in gross violation of their duty and collected a huge amount of money as a bribe during their tenure is a naked truth required to be inquired for meaningful legal action against the corrupts and the area must remain in master plan as residential only for keeping Ludhiana clean and green ever.  www.sikhvicharmanch.com

 http://www.expressindia.com/latest-news/MC-suggests-industries-stay-within-residential-areas/290485/

Balbir Singh Sooch and residents

 Updated on 26-3-2008

Residents upset over colonies’ mixed land use status
http://www.expressindia.com/latest-news/Residents-upset-over-colonies-mixed-land-use-status/288560/ 

Ludhiana, March 25 The residents of Vishvkarma Colony, Partap Nagar and adjoining areas are upset over the fact that the masterplan draft has accorded mixed land use status to these colonies.

The residents have sent their objections to Chief Town Planner, Punjab. They have stated that while neighbouring colonies like Janta Nagar, Shimlapuri, Guru Nanak Colony and Shaheed Karnail Singh Nagar areas have been given residential status, their colonies have been labelled for mixed land use. This, they have said, will give a licence to industrial units to mushroom in the area.

In a letter sent to the MC’s Town Planning Wing, Balbir Singh Sooch, a resident of Vishvkarma Colony said, “Industries create noise, air and water pollution in our area. They have been operating in these colonies for the past many years despite the fact that the areas are residential. Many of the industries have not even obtained NoCs from various departments and despite repeated complaints by the residents they are still operational... We had a hope from the masterplan but we are really surprised the way the plan has come out”.

Though the masterplan has declared Janta Nagar and Shimlapuri areas as residential, industrial associations in these areas are trying their level best to get mixed land use status for them. According to certain industrial associations, nearly 6,000 units will have to move out if the masterplan recommendations are implemented for these colonies.

In the latest to the issue, politicians, too, have jumped in and are trying to get the masterplan changed.

http://www.expressindia.com/latest-news/Residents-upset-over-colonies-mixed-land-use-status/288560/

Text of Objections 

“Submission for declaring and granting the residential status only also to Vishvakarma Colony, Partap Nagar and its surrounding areas under Ludhiana-City Master Plan i.e. Town Planning and building scheme as similarly circumstanced residential colonies like Shimlapuri and New Janta Nagar, Guru Nanak Colony, Shaheed Karnail Singh Nagar, Gill Road, Ludhiana City situated nearby have been rightly declared and granted residential status only in view of the Article 21 which is very backbone of the Indian Constitution i.e. Right to Life.
 

Sir,

The Objectors being residents of the residential area submit their objections against the proposed a part of Ludhiana-City Master Plan as under:

That the ‘mixed use’ status wrongly proposed for Vishvakarma Colony, Partap Nagar and its surrounding areas in the master plan in gross violation of the Article 21 which is very backbone of the Indian Constitution i.e. Right to Life and is not maintainable under the law on following grounds:

1. That a few persons having illegal political backing and for other reasons not warranted by law did manipulate to get the very thickly populated Vishvakarma Colony, Partap Nagar and its surrounding areas as of ‘mixed use’ wrongly against the well settled by repeated pronouncements of the Hon’ble Supreme Court of India that ‘Right to Life’ enshrined in Article 21 is not of mere survival or existence. It guarantees a right of persons to life with human dignity. Anyone who wishes to live in peace, comforts and quite within his house has a right to prevent the noise as pollutant reaches to him.
2. That the persons who did manipulate the area proposed/marked in question of ‘mixed use’ wrongly against its residential status are unauthorized and they established their industrial units illegally against the scheduled of the clauses of the notified residential schemes and without obtaining the consent of Punjab Pollution Control Board.
3. That there is nothing on the record which shows that even a single person out of them has obtained consent of Pollution Board or got sanctioned Industrial Building Plan or paid any development charges or any kind of charges to the Municipal Corporation, Ludhiana or to any other legal authority. No law of land allows to give relief or to give reward to the person who is law violator basically from the beginning. A few persons i.e. the law violators have no force of law and no law stands in their favour.
4. That the claim of similar violators of law have already been dismissed up to the Hon’ble High Court in the two different judgments of the Hon’ble High Court after considering all the facts and submissions given in their claim and the Hon’ble Court vide order dated 21-8-2002 in CWP No. 12695 of 2001,  observed, that if petitioner approaches the State Government for conversion of residential scheme into industrial, the state while taking decision shall keep in view the fact that Shimlapuri  residential colony is one of the several such colonies notified in 1980’s, as large number of people have constructed their houses and that industrialization of the area would endanger their lives’.
5. That in CWP No. 10511 of 2002 for converting the residential scheme into industrial area, the Hon’ble Court after taking the affidavit of the local body department on record dismissed the said Civil Writ petition after some arguments. Sh. H.S. Bakshi Learned counsel appearing on behalf of the petitioner prays to withdraw this Writ petition as he intends to advice the petitioner to make representation along with supporting documents/affidavit to the Government itself. This Writ petition is dismissed as withdrawn as requested by Mr. Bakshi.  Similarly, Sh. A. S. Pannu, P.C.S. Additional Secretary local Government Punjab Chandigarh on behalf of Government of Punjab Department of local Government filed an affidavit in Civil Writ petition No. 10511 of 2002 regarding the same matter stating, “In view of the decision of the Hon’ble High Court dated 21-8-2002 in Civil Writ petition No. 12695 of 2001 and decision of the Civil Court, Ludhiana dated 9-9-2002 and to the safeguard the interests of the residents, the Government has decided that the T.P. Scheme/Building Scheme in question shall continue as such as heretofore.”
6. That the High Power Committee constructed by the Chief Minister Punjab under the Chairmanship of Deputy Commissioner, Ludhiana including the all the State level officers of the concerned department has also taken his decision that the residential scheme in question shall be protected and dropping or making any kind of the change in the schemes is not in the public interest that the matter has already been discussed in detail by the State Level Concerned competent Authority. That the Deputy Commissioner, Ludhiana on 17-7-2001 examined the representation of the United Small Scale Industries Association for dropping of the town planning/building schemes and after considering all the facts and hearing the representatives and the objector-Environment and Health Protection Society, as well as the representatives of all the Government department such as Municipal Corporation Ludhiana, Punjab Pollution Control Board, Town and Country Planning Department, Punjab etc. concluded that the dropping of the  town planning/building schemes is not in public interest and decided that no expansion, extension or category of green category industry be allowed in the residential areas. The learned Civil Court of Sh. D.P. Singla, Civil Judge, Ludhaina in Civil suit No. 318/98 in a judgment dated 9-9-2002  has also given the finding against the similar claimants and stated, “That peoples are residing and settled in these schemes being residential areas. No doubt, now-a-days population explosion is there but if the industries or commercial places have been constructed in the residential areas, then it will cause major difficulties due to noise, water and air pollution and spoil the health and life of the inhabitants in those areas’. 
7. That the residents have a legal status and are authorised persons under the law to make this representation as they know the pain, sufferings and mental agony of noise, water and air pollution as they were running from pillar to post before the various authorities for getting a few polluted industries removed and closed but not completely in their neighbourhood due to lawlessness being encouraged and now pained to find that the area has been marked as of ‘mixed use’ in total violation of the law of land.
8. That the residents have purchased their small size plots in residential area where houses are meant for residential purpose only as per sale deeds of the residential houses built in the area in small plots ranging from 50 sq. yards to 200 sq. yards. The voter lists of residents, ration cards issued, small size of houses as a proof from respective sales deeds, plots meant for residential purpose only, size of streets, situated number of Temples, Gurdwaras, schools for the children of poor residents of the area are always remained self explanatory for the surveyors took part to propose the master plan. The thousands of people including us are living for the last 40/50 years. And several including Primary, Middle, High School and Senior Secondary Schools, religious institutions are situated in these localities.
9.  The ‘City Master Plan’ so proposed ignoring the area of Vishvakarma Colony, Partap Nagar and its surrounding areas without declaring and granting it the status of residential area only, shall encourage grave pollution i.e. air, noise & water and take away the fundamental right i.e. Right to life, healthy peaceful living, pollution free environment, calmness, and studies of children in the area. The health and living of residents shall suffer irreparable loss due to polluted environments. Due to spread of noise, water and air pollution and nuisance, whole environment will be changed and sufferers would never   be compensated in terms of money.
10. That whatever the individual may be or whosoever as violators of law claiming anything must be rejected in this case for the safeguard of densely populated residential areas including Vishvakarma Colony, Partap Nagar and its surrounding areas for healthy, peaceful & calmness, un-harmful, safe and free from all types of pollution for worth human living constitutionally and also to save and keep clean Ludhiana forever in the ‘City Master Plan’ and that only should be implemented finally as every citizen of the country has the fundamental duty to clean the environment.

It is, therefore, prayed for declaring and granting the residential status only also to Vishvakarma Colony, Partap Nagar and its surrounding areas under the Ludhiana-City Master Plan i.e. Town Planning and building scheme as similarly circumstanced residential colonies like Shimlapuri and New Janta Nagar, Guru Nanak Colony, Shaheed Karnail Singh Nagar, Gill Road, Ludhiana City situated nearby have been rightly declared and granted residential status only as per the Article 21 which is very backbone of the Indian Constitution i.e. Right to Life  in view the rate at which the pollution is being allowed inadvertently or due to bye-passing  the provisions of the Indian Constitution like Article 21 which is very backbone of the Indian Constitution i.e. Right to Life and a few persons having illegal political backing and for other reasons not warranted by law did manipulate and got proposed and marked the very thickly populated Vishvakarma Colony, Partap Nagar and its surrounding areas as of ‘mixed use’ wrongly against the well settled by repeated pronouncements of the Hon’ble Supreme Court of India that ‘Right to Life’ enshrined in Article 21 is not of mere survival or existence. It guarantees a right of persons to life with human dignity. Anyone who wishes to live in peace, comforts and quite within his house has a right to prevent the noise as pollutant reaches to him and no one can claim a right to noise to create noise even in his own premises which would travel beyond his precincts and cause nuisance to neighbours or others.” Dated: 23-3-2008
The objections dated 23-3-2004 sent to the following Learned Authorities vide Speed Posts from Speed Post Centre, Ludhana-141008 vide receipts SP-PODEE780881212IN, SP-PODEE7808812165IN, SP-PODEE7808812157IN, SP-PODEE78088129IN, SP-PODEE780881243IN, SP-PODEE780881036IN, SP-PODEE780881230IN on 24/3/2008 respectively
To

1.         Hon’ble Sardar Parkash Singh Badal Sahib,
The Chief Minister of Punjab,
Chandigarh.

2.         The Learned Chief Town Planner Department of Town and Country Planning Department Government of Punjab, Sector-18, Near Printing Press, Chandigarh.

3.         The Learned Chief Town Planner, Department of Local Body, Government of Punjab, Madhya Marg, Chandigarh..

4.         The Learned Secretary, Department of Housing and Urban Development, State of Punjab Mini Secretariat, Sector-9, Chandigarh.

5.         The Learned Principal Secretary, (Department of Local Body), Government of Punjab, Mini Secretariat, Sector-9, Chandigarh.

6.         The Learned District Town Planner, Department of Town and Country Planning Department Government of Punjab, Mini Secretariat, Ludhiana.

7.         The Learned Chief Secretary, Government of Punjab, Civil Secretariat, Chandigarh.

‘Let us fight for clean and green environment’
LUDHIANA-City master plan

Ludhiana city clean and green must be motto for human peaceful and comfortable living forever as per Article 21 of the Indian Constitution

Submission to declare non-industrial to the densely populated residential areas including Vishvakarma Colony etc for healthy, peaceful & calmness, un-harmful, safe and free from all types of pollution for worth human living constitutionally and also to keep Ludhiana clean forever in the ‘City Master Plan’ that  would be implemented shortly.

REPRESENTATION TO ALL RESPECTED FOR obliging and pursuing the case for JUSTICE and forward TO ALL THe AUTHORITIES CONCERNED for meaningful consideration in view of the submission.

Political hue and cry is only to give impression that the thickly populated and residential areas are free and safe now from environmental pollution i.e. noise, air and water pollution whereas it is not so in the ‘City Master Plan’ as per information received, the most populated area e.g. Vishvakarma Colony, Partap Nagar and its surrounding areas are declared mixed or Industrial area for the disadvantage of the residents and to the advantage of a few traders, industrialists for the reasons best known to the politicians and officials concerned.

It is predominantly residential area where houses are meant for residential purpose only as per sale deeds of the residential houses built in the area in small plots ranging from 50 sq. yards to 200 sq. yards.

The voter lists of residents, ration cards issued, small size of houses-be verified from respective sales deeds, plots meant for residential purpose only, size of streets, situated number of Temples, Gurdwaras, schools for the children of poor residents of the area are always remained self explanatory for the surveyors took part to prepare the plan.

The ‘City Master Plan’ so declared ignoring the areas, Vishvakarma Colony etc without giving it the status of residential area only shall encourage grave pollution i.e. air, noise & water and take away the fundamental right i.e. Right to life, healthy peaceful living, pollution free environment, calmness, and studies of children in the area.

It is our humble submission before the authorities concerned through the reputed newspapers and respected others for relief and justice by declaring the areas residential only and free from environmental pollution i.e. noise, air and water pollution in the ‘City Master Plan’ to make the area and Ludhiana city clean for human peaceful and comfortable living forever as per Article 21 of the Indian Constitution.

Please do oblige, pursue and forward the case for meaningful consideration in view of the submission-Thanks

Balbir Singh Sooch, Advocate, Ludhiana and other residents
# 12333/1, Street No. 12, Vishvakarma Colony,
Behind Sangeet Cinema,
Ludhiana-141003, Punjab, (INDIA)
March 15, 2008
Mobile: 98143-34544; Phone: 0161-2531029

 Updated on April 1, 2008

Residents upset over colonies’ mixed land use status

Respected Sir,

For your kind attention and further necessary adequate and meaningful remedial action, the submission after receiving more information in this regard:  

World cities gift an hour to Earth

http://sify.com/news/fullstory.php?id=14633372

 Posted by Balbir S. Sooch on Mar 30, 2008 23:19 PM

From the list of principles laid down by United Nations Conference on Human Environment, it has been rightly said that the man with human sense knows and has natural and the man-made aspects of environment on earth are essential to his well-being and to the enjoyment of basic human rights the right to life itself on earth. In the context it is made further clear that Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations. In view of the above, the natural resources of the earth, including the air, water, land, flora and fauna and especially representative samples of natural ecosystems, must be safeguarded for the benefit of present and future generations through careful planning or management, as appropriate. In spite of all the laid down principles, the thousands of industries have been allowed unchecked to flourish in purely residential areas at the instance of and by lawlessness people having different faces due to their own greed and personal reasons. All most all the industries so allowed are hazardous and polluting in nature and caused severe health hazards to the general public of the area and Earth. But in the case of Ludhiana City master plan all bye-laws are being abandoned only for political reasons and resolutions being passed to allow polluting the environment of very thickly populated residential colonies despite the objections. Despite preventive judgments, the violation stated is only a tip of ice berg of the environmental unbearable and actionable pollution in India. Noise not only spoils the physical health but also adversely affects the mental and psychological attitude of humans. The State must to ensure that activities within their jurisdiction do not cause damage to the environment on Earth.

Experts from Nagpur in city to study pollution levels

http://www.expressindia.com/latest-news/Experts-from-Nagpur-in-city-to-study-pollution-levels/308123/

Fix also responsibility of officials and others for the reasons of menace of pollution on their part 

I take pride to submit to the experts also already sent emails in detail on the subject to ‘The National Environmental Engineering Research Institute’ and all respectables separately  today to check the pollution and fix the responsibility of Officials and others for the reasons of menace of pollution on their part increasing day by day due to violation of duty by the authorities concerned/them and for the corrupt reasons along with immediate adequate, meaningful and effective remedial action in the case keeping in view of our reaction, representation and objections earlier sent to the authorities and also displayed under head Ludhiana-City Master Plan-Text of Objections on web www.sikhvicharmanch.com

 Click to read the Message and comments
http://www.expressindia.com/latest-news/Grow-with-knowledge-IGNOU-VC-tells-students/285001/
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