From: Date: 24th August 2012Lt Col(Retd) Sarvadaman Singh Oberoiand other concerned citizens &Mission Gurgaon Developmentand other NGOs1102/Tower 1, Uniworld GardenSector 47, Gurgaon 122018

To:Director General, Town & Country PlanningDirectorate of Town & Country Planning, HaryanaGovernment of Haryana,Sector 18, Chandigarh 160018ccpncr.haryana@gmail.com

Dear Sir

Subject: Objections to the Sohna DDP 2031 with the purpose of affordingProtection of Gurgaon Aravallis hilly areas and deemed forests, which area critical forest habitat and groundwater recharge zone for Gurgaon cityand Sohna City, from real estate pressures/ including agricultural zoning inthe Sohna DDP 2031.

1. Please find attached my Objections/ Suggestions for Draft DevelopmentPlan-2031 AD, Sohna, released for objection by the said government on 25July 2012.

a. We are filing (rendering and/or making available) objections andsuggestions in the form of electronic record(s) as per Informationtechnology Act 2000. Our filing is in form of an email.

b. As per provision of Sections 6A & 87 Information Technology Act2000 and Rule 5 of Information Technology (Electronic ServiceDelivery) Rules 2011 you are requested to keep my filed electronicrecords accessible to me and others on your website and/or computerresources immediately.

2. We, the undersigned, residents of southern Haryana and Delhi, are deeplyconcerned about the future of Gurgaon, Faridabad and Delhi, whosegroundwater and forest ecological security is critically dependent on theAravalli hill ranges of southern Haryana, which are already devastated bypast mining.

3. The Sohna DDP 2031 includes over 2/3 of the forest cover of Gurgaondistrict. We are dismayed, that, instead of identifying and protecting the lastremaining patches of natural and planted forests and wilderness, which arealso critical groundwater recharge zones as identified by Central GroundWater Board, as a forest zone, or sanctuary, the state government of Haryanais making provisions for and therefore directing for the use of deemedforest lands for non-forest purposes. This is being effected by including1000s of hectares of Gurgaon Aravalli hilly areas into a so-calledagricultural zone which allows Farm Houses, Hotels, Banquet halls,Industries and other uses under a new master plan – Sohna DDP 2031, inprima facie violation of section 2(ii) of the Forest Conservation Act (FCA)and also planning huge highways through the Aravalli hills.

4. Activities Prohibited as per Aravalli Notification of 7th may 1992 – build inzoning provisions of Sohna DDP 2031.

a. The Aravalli hills of Gurgaon district are defined in the Aravallinotification of 7th May 1992, issued by MoEF as areas recorded asgair mumkin pahar in the revenue records.

b. The Aravalli notification was passed with the purpose of “restrictingcertain activities in specified area of Aravalli Range, which arecausing Environmental Degradation in the Region”.

c. Accordingly, the notification states that the “Central Governmenthereby prohibits the carrying on of the following process andoperations, except with its prior permission”.

d. Activities prohibited include:i. Industry

ii. mining operationsiii. Cutting of trees;iv. Construction of any clusters of dwelling units, farms houses,

sheds, community centres, information centres and

v. any other activity connected with such construction (includingroads)

vi. Electrification (laying of new transmission lines).e. Given the rapid pace of urbanization in the district, the Sohna DDP

2031 through their zoning provisions, should maintain and strengthenthe restrictions imposed by the Aravalli Notification 2031, rather thandilute and nullify them through the provisions.

5. Further, this plan is being prepared in absolute defiance of the environmentaland other prescriptions (detailed below) of the Regional Plan 2021 preparedby the NCR Planning Board, which is legally binding on, and that theDepartment of Town and Country Planning, Government of Haryana, isbound to follow under section 29 of the National Capital Planning BoardAct, 1985.

6. We have grave objections to the hillocks area, forest land, and water bodiesin the DDP being arbitrarily included into the agriculture zone resulting in acombined said ‘agricultural’ zone under this proposed development plan,which is not in consonance with the ground reality of hilly zone being theAravalli Range, and Forest land, that cannot be interchangeably called anagricultural zone. In fact the hilly zone of the Aravalli Range:i. Is scrub, open, or moderately dense forests as identified by forest cover in

the State of Forest Report 2011, and earlier reports of the Forest Surveyof India.

ii. Includes Northern Dry Deciduous Forest (Group 5/Subgroup 5B) andNorthern Tropical Thorn Forest (Group 6/Subgroup 6B) types of forest asper the definitive classification of Forests in India by Champion HG &SK Seth, entitled, “A revised survey of the forest types of India”published in 1968 by Manager of Publications, Government of India,Delhi.

iii. Is deemed forest as per Godavarman and Lafarge judgements of theHon’ble Supreme Court, irrespective of notification, ownership orcondition of forest.

iv. includes over 75% of the total forest cover of the district of Gurgaon.v. that has been used for grazing, fuelwood and timber collection for

hundreds of years by the local gujjar pastoral community and othercommunities and is therefore forest by ‘context’.

vi. is classified as gair mumkin pahar – which refers to it not being suitablefor agriculture as per revenue record land type classifications

vii. includes several water bodies and joharsviii. includes large areas of natural forest of anogeissus pendula (dhao)

and other indigenous native aravalli vegetation, which has largelyvanished in the Delhi, Faridabad and Gurgaon belt.

ix. includes the catchment area of Damdama lake which is under stress and isthe only remaining perennial lake in the Aravallis in the Central NCRregion and is under threat of turning seasonal like Badhkhal andSurajkund lakes, and the Damdama lake catchment therefore needs to beprotected.

x. is a critical ground water recharge zone (as identified by the CentralGround Water Board) that is key to the groundwater security andGurgaon (which is about 70% dependent on groundwater for domesticsupplies)

xi. where infiltration of rainfall has been valued at Rs 24.9 lakhs / ha.xii. is an important wildlife habitat for the districtxiii. is a wildlife corridor connecting Asola Bhatti wildlife sanctuaries

in Delhi with the Aravalli hills of Gurgaon.xiv. has been identified as a significant bird habitat,xv.where the Hon’ble Supreme Court has ordered a “ban on mining activity

and pumping of groundwater imposed in an area upto 5 km from Delhi-Haryana border on the Haryana side of ridge and Aravalli hills.” (orderdated 6.5.2002 in WPC 4677 of 1985).

xvi. Is a barrier against desertificationxvii. Has been devastated by legal and illegal mining and needing long

term restoration and rehabilitation as per the Hon’ble Supreme Court.xviii. Where restrictions have been placed on construction of buildings

and roads as per the Aravalli Notification of 7 May 1992, issued by theMin. of Env. and Forests

xix. Where large areas of the aravallis are notified under Section 4 and5 of the Punjab Land Preservation Act 1900, restricting tree cutting, andbreaking of soil, which precludes construction as well.

xx. Where large areas of the Aravallis have been declared deemedforest by the Hon. Supreme Court in M.C. Mehta 2004.

7. However all of the items (i) to (xxv) in Appendix B of the Sohna DDP 2031proposed for the agriculture zone in the zoning regulations are incompatiblewith the eco-sensitive nature of the hilly Aravalli zone.

a. The Aravalli hills are not being used for agricultural purposes and this,in fact, is the case on the ground.

b. Indeed, the revenue records for these aravalli area villages clearly statethe hill land to be gair mumkin pahar, i.e. not suitable for agriculture.

c. Further, virtually all of these activities in Appendix B of the SohnaDDP 2031 are non-site specific activities, which intrinsically havenothing in their nature that requires them to be undertaken in theAravalli hills, indeed they are better suited outside the Aravallis in theremaining 80-90% of the district. In fact allowing these activities inthe Aravalli hills will lead to permanent damage to the eco-sensitivenature of the hills.

8. Separate Aravalli Zone. Accordingly, we object to the inclusion of theAravalli hilly zone and forest land into the agriculture zone and DEMANDthat, in keeping with the Hon’ble Supreme Court of India’s judgements that“the Aravallis must be protected at any cost” (xx.5.2004), and various otherjudgements relating to mining, groundwater, construction, the AravalliNotification of the Min. of Env and Forests (7.05.1992) and for all thereasons 6.i to 6.xx, and 7.a to 7.c mentioned above and dealt in detail in thenote below:

a. the Aravalli hill areas zone be delineated clearly in the existinglanduse map and the DDP Sohna 2031 drawing/map.

b. the Aravalli hills be a separate zoning category in the Sohna DDP2031,

c. that none of the 25 activities (numbered (i) to (xxv)) proposed for theagricultural zone in Appendix B of the Sohna DDP 2031, are allowedin the Aravalli zone.

d. That the aravalli zone is declared a forest nature conservation andgroundwater recharge zone in which no construction is allowed.

9. RP 2021 legally binding. The current Regional Plan 2021 is legally bindingon all master plans in the NCR.

a. Objection: Sohna DDP 2031 falls in the NCR and is not compliantwith the RP 2021 especially the environmental provisions.

b. Amendment : Ensure Sohna DDP 2031 is made compliant with theRP 2021 and then re-notified for public comment.

10.Premature Plan. The Sohna DDP 2021 notified for public comment in2008 but not been finalized for 4 years. Instead, a revised and expandedSohna DDP 2031 is again being notified for public comment in 2012. Fouryears is too short for revising masterplans. Further, the Regional Plan 2031of the NCR Planning Board, to which the Sohna DDP 2031 will have to becompliant with, is currently under preparation.

a. Objection . The Sohna DDP 2031 is premature and inappropriate,as Regional Plan 2031 is still under under preparation.

b. Amendment . Withdraw Sohna DDP 2031, or keep on hold, till theRegional Plan 2031 is notified, and compliance with it is ensured.

11.1000% Population Growth unrealistic and unsubstantiated. The SohnaDDP 2031 projects a 1000% increase in population from about 60,000 toover 600,000, over a 20 year period. No Indian city has shown this kind ofgrowth in the past and no justification for this astronomical growth isprovided in the DDP.

a. Objection: The rate of growth of population is fraudulent and highand not based on any objective assessment.

b. Amendment: The basis for the population projections for the SohnaDDP 2031 may be explained and made public, else the rate of increasebe scaled down, and all related projections be scaled downaccordingly.

12.Lopsided Increase in area, urban forest category abandoned. The tablebelow compares the area in the Sohna DDP 2021 with the new Sohna DDP2031. While the plan area has increased by 76%, allocations for residential(153% increase), industrial (152% jump), have more than doubled. Thelosers are open space (33% increase only) and forest land (0% increase).Further the Sohna DDP 2021 (dated 2008) included a section on UrbanForest and an allocation of 425 ha for the same.

a. Objection : Forest land has declined from 12% in Sohna DDP 2021 tojust 7% in Sohna DDP 2031. We object to this low allocation for

forest, especially when the Haryana Forest Policy states that 20% ofthe state should be under forest cover by 2020. We object to the non-inclusion of the Urban Forest Category in the DDP 2031 and demandit be reinstated.

b. Amendment : Increase area under Forest land to at least 20% .Include Urban Forest in description and zoning.

13.Report Sports Complex, Open space, Parks, and Green Belt separatelyand include water bodies in open space zoning. Green belts are basicallymeant for future road expansion in the long term, and used for a variety ofpurposes in the short term (liquour vends, petrol pumps, dhabas etc). Openspaces include a variety of landuses and are primarily meant to be permanentgreen cover for the city and peri-urban areas – covering water bodies,forests, wildlife habitat and corridors, moderating micro-climate etc.

a. Objection: Combining Green belt and Open space together combinesa temporary land use with a permanent landuse. Further there is nospecial zoning for water bodies.

b. Amendment: Disaggregate Open space components and report themseparately. Identify water bodies and zone as no construction zone inopen spaces

14. Water Recharge zone.The plan states, “An area measuring approximately 340 hectareshas been reserved as “Water Recharge Zone” to check the run-offthat will replenish the depleting underground water table. Nopermission for any type of construction will be granted in this area.In order to keep this area free from unauthorized constructions, thepossibility of acquiring the land under water recharge zone shall beexplored by HUDA/ Irrigation Department.”

a. Objection: Water Recharge zone is not included in Annexure B,which are the legally binding zoning regulations.

b. Amendment: Include Water Recharge zone in Annexure B, andappendix A and B.

15.The Regional Plan 2021 of the NCR Planning Board (NCRPB) includes thefollowing provisions related to environment:

a. Refers to industry, mining, construction, cutting of trees andelectrification and states that “No such activities should beundertaken in the Aravalli range in NCR” (14.2.ix).

b. Land is the most crucial and critical environment resource (14.2)c. The land use allocation has to be carefully carried out in order to

protect and conserve both surface and ground water resources(14.2.ii).

d. Master/Development Plans for the towns in the region shouldincorporate land suitability analysis for land use allocations (14.2.iii).

e. While carrying out activities for the development of the region,provisions under Environmental Protection Act, 1986 and Rulesthereof should be followed, and environmental sensitivity of theregion and existing quality of the environment should be considered(14.2.v).

Including the Aravalli hill range gair mumkin pahar area in theagricultural zone, with its 25 landuse proposals (in Appendix B), iscontrary to these mandates of the Regional Plan 2021 stated above.Accordingly we demand that the Sohna DDP2031 should state whether itis in compliance with the Regional Plan 2021 prepared by the NCRPB,particularly the landuse provisions and provisions relating to environmentincluding the ones specified above. We object to this non-compliance inSohna DDP 2031 and demand that the Regional Plan 2021 be fullycompliant particularly the landuse provisions and provisions relating toenvironment including those specified above.

16. The areas/zones mentioned in the table below and located in NCR should beconserved/ protected as per the Regional Plan 2021, section 14.2.viii, Theirapplicability in the Aravalli Range areas including in the Sohna DDP 2031 isanalysed in the table below and these categories should be protected orcreated as the case may be in the Aravalli Range areas.

The areas/zones mentioned below locatedin NCR should be conserved/protected:

Applicability in the Aravalli Range areasincluded in the Sohna DDP 2031

1 Reserved/protected forests Show in DDP map

2 Forests other than reserved and protectedforests

Entire aravalli range is included

3 Monuments-National, State, Local Local monuments should be identified

4 Heritage/cultural sites Several archeological sites likely in the hills.Including rock paintings, ancient pottery shardsetc

5 Scenic areas The Damdama lake and its catchment in Roj kaGujar are well known scenic areas

6 National parks Aravalli range should be made a national park

7 Sanctuaries Aravalli range including could also be made asanctuary

8 Areas with endangered species-flora andfauna

Natural aravalli vegetation including smallgroves and patches of anogessius pendula arelocally endangered.

9 Biosphere reserves Inter-state Aravalli Biosphere Reserve proposedto be studied by UNESCO

10 Wetlands Includes the Damdama lake,

11 Resorts/areas of tourist interest Damdama Lake and entire Aravalli hills

12 Water bodies Damdama lake and various johars (local waterbodies) in the Aravalli hills

13 Springs/water recharge areas Entire Aravalli hills identified as a waterrecharge area by the Central Ground WaterBoard.

14 Other environmental resource areas Wild life habitat and corridor

17. Existing and Proposed Landuse. The Sohna DDP 2031 does not discussthe existing land-use in the text of the plan. The proposed landuse is alsopartially stated in the section on Major Land Use Proposals.

a. The total area of the plan is not mentioned.b. The area under Aravalli hill ranges is not mentioned.c. There is no mention of the existing landuse - the extent of forest cover,

the groundwater recharge zones, the wildlife habitat and corridors etc,the wet and dry mining pits that need long term restoration etc, areasunder agriculture, the area under water bodies and johar’s etc that needprotection, the commonlands that cannot be alienated etc.

d. As per section (14.2.iii) of the Regional Plan 2021 , DevelopmentPlans should incorporate land suitability analysis for land useallocations.

e. Accordingly, we urge and suggest the TCP dept. assess the existinglanduse especially aravalli hill range, forest cover and water bodies,mining pits area, and make a quantitative and map presentation of theexisting landuse – in terms of total actual and proportional area, in thetext of the plan.

f. Even the proposed landuse is partially described and the agriculturalzone is neither described in detail, nor quantified in the major landuseproposal, so that the proportionate impact of each proposal cannot beascertained.

g. Neither is the fact mentioned that it includes the Aravalli hills whichare an eco-sensitive area and subject to the Aravalli Notification of theMoEF dated 7 May 1992,

h. The landuse and zoning proposal for the agricultural zone are floatingin nature. The 25 activities permitted in the agricultural zone includemostly non-agricultural activities and they need to be clearly identifiedin the map, so that citizens and the various committees of the TCPdept. can assess whether they fall in the Aravalli hills and makeinformed choices about the trade offs that are involved in theseproposals.

i. The full proposed landuse of the entire area covered by the SohnaDDP 2031 should be quantified and described, especially the aravallirange and plain agricultural lands and should include a contouranalysis so that both hilly areas and low-lying areas that are prone toflooding can be clearly identified.

j. By not including the information on the Aravalli hills and theseasonally inundated areas in the existing landuse proposal, or theproposed landuse map, this information especially for the eco-sensitive aravalli ranges, was not made available for perusal orcomment throughout the statutory clearance process at the meetings ofthe District Level Committee and the State Level Committee.

k. Therefore, we object to this faulty clearance of the Sohna DDP 2031with sharing of partial and incomplete information with the membersof the committees involved and recommend and assert that theclearance process is null and void.

l. We recommend, that once the existing and proposed landuses areascertained and quantified and located on the map, then the clearancesfrom the three committees – at district, division, and state level, andcitizen comment should be sought afresh.

18. The Draft Development Plan of Sohna, has wrongly classified the Aravallihills as agricultural zone, therefore in the same contention this DevelopmentPlan is not valid. It is our contention that the agriculture zone and theAravalli hills should be correctly mapped as per existing reality.

19. Aravalli in Natural Conservation Zone.a. The Regional Plan 2021 mandates a Natural Conservation Zone that

includes the major natural features, identified as environmentallysensitive areas, such as the extension of Aravalli ridge, forest areas,rivers, lakes and water bodies (17.4.3).

b. It states that , “The extension of the Aravalli ridge, sanctuaries andother ecologically sensitive areas be conserved with utmost care andafforested with suitable species” (17.4.3.i).

c. It also requires that “Detailed Conservation Plans be prepared for theareas shown as Natural Area Conversation Zone in the Land Use Plan2021” (17.4.3.v).

d. Accordingly, we recommend that, given the eco-sensitive nature of thehilly area/zone falling in the Sohna DDP 2021, as mandated by theRegional Plan 2021, and given the strategic location of the areabetween Delhi, Gurgaon and Faridabad, a committee of subject matterexperts that includes town planners, foresters, groundwater expertsfrom the CGWB, etc, ecologists, naturalists, wildlife scientists,environmental economists etc be set up. The said committee shouldassess the ecological significance of the area and undertake astrategic environmental assessment or/and an Environmental ImpactAssessment and develop a Detailed Conservation Plan for the area.

e. This strategic environmental assessment and develop a DetailedConservation Plan may be the basis for developing a Sohna DDPsubsequently.

f. Any development plan on a ecologically sensitive area calls for avulnerability mapping and land suitability analysis to determinedevelopable and non-developable zones.

g. It is pointed out that the Delhi Master Plan prepared by DDA has achapter on environment based on an environmental assessment. Anenvironmental assessment by an independent group of experts shouldaccordingly be undertaken.

20.Zoning protection for buffer of Mangar Bani that falls in Bandwarivillage.

a. The Faridabad Aravallis include regions such as the Mangar Banisacred grove, which touches the border of Bandhwari village whichfalls in Sohna DDP 2031.

b. The residents of Bandhwari village (Gurgaon district) had also writtento district officials to protect the Mangar Bani and a buffer area ofabout 400-500 ha.

c. These letters reflect the sentiments of the village as well as that ofmany villages in the region. The Mangar bani, remarkably, has beenprotected locally by the same pastoral gujjar and other villagers whonormally graze their cattle in the hill forests. The patron saint of theMangar Bani is said to be Gudhariya Baba who lived there in timesunknown and his spirit is still said to afford protection to the sacredzone.

d. Just outside Delhi, the Mangar Bani sacred grove is a micro-habitat ofhigh conservation value and scientific interest. It contains a uniqueassemblage of northern Aravalli plants that has been conserved bylocal village communities as a protected, sacred grove. In the entirearea of the NCR, this is the last surviving (relict) undisturbed patch ofAnogeissus pendula forest which has a limited range and distributionand also possibly includes hundreds of other species of flora. Thiscould attract provisions for ‘entities of incomparable value’ and iscertainly worthy of special protection as mentioned earlier (Times ofIndia 24 Jan 2012, Mega tourism nod pushes sacred woods to thebrink)

e. We recommend that in the area of Sohna DDP 2031 in Bandwarivillage that borders the Mangar Bani, a suitable buffer area of 400-500 ha around the Mangar Bani be included in a new zoning – naturalconservation zone, or forest zone or sanctuary zone or failing that in

the existing open space zone and steps be taken to notify it as aconservation reserve / wildlife sanctuary.

21.Agricultural zone or Wildlife Sanctuarya. The Regional Plan 2021 states that “The extension of the Aravalli

ridge, sanctuaries and other ecologically sensitive areas be conservedwith utmost care and afforested with suitable species” (17.4.3.i).

b. It also states that “Regional recreational activities with no constructionexceeding 0.5% of the area with the permission of the competentauthority.” (17.5.3.iv).

c. Accordingly, we recommend the mandate of the The Regional Plan2021 “Regional recreational uses such as, regional parks, wildlifesanctuary etc. (17.5.4.iii)”, may be followed for the Aravalli hillzones in the Sohna DDP 2021.

22. Forest cover in Haryana is amongst the lowest levels in the country andneeds to be increased by the Sohna DDP 2031.

a. The Haryana Forest Policy 2006 prepared on the basis of NationalForest Policy 1988, which has been held by the Apex Court in theLafarge judgement (2011) to have the force of law, has stipulatedthat forest cover in Haryana shall be 10 percent by 2010 and 20percent by 2020.

b. The Regional Plan 2021 states “In view of the very low existingforest cover (4.02%), it is imperative to bring more areas under forestso as to maintain the ecological balance in this region” (17.4.3.ii)

a. Whereas the Forest Survey of India Report 2011 has pegged forestcover in Haryana at a low level of 3.64 percent with neighbouringundivided Faridabad at 4.32 percent, and Gurgaon at 8.35% which isfar below the levels mandated in both the state Forest Policy and theNational Forest Policy.

b. Whereas, on the other hand, the capital of Haryana and Punjab – theplanned city of Chandigarh, has a recorded forest land of 34 km2,which is a full 29.82% of the total area of the city and includes twosanctuaries covering 26.02 km2 (and 22.8%) of the total area.

c. Similarly, forest cover in Delhi, of South Delhi district (adjacent toGurgaon district) is 31.33% and New Delhi district is 46.6%.

d. In this context it may also be mentioned that the extensions of thesouthern Haryana Aravalli hills, are protected in adjacent areas ofDelhi and Rajasthan as forests.

i. The Northern ridge and central ridge in Delhi werenotified as reserve forests in 1914/1915.

ii. The Asola Bhatti Wildlife sanctuary was notified in1986 and 1991.

iii. Similarly, extensive areas of Aravalli hills in Rajasthanare also protected as government forests and sanctuariesand National Parks.

e. In such a scenario, it is critical and mandated by law (cited above)that state and district planning activities should be in conformity withthese forest policy objectives and should support expansion ratherthan diversion of forest cover areas and deemed forest areas. Thiswould hold especially true for zoning plans and development controlplans which control and guide land use change – in which areas topreserve existing landuse and where to change it.

f. Accordingly, given the terribly low forest cover in Haryana andGurgaon, we object that the Sohna DDP 2031 is not zoning the entireAravalli hills as forest zone. We recommend that the Sohna DDP2031:

i. identify the little existing forest cover there is in the districtand area under planning,

ii. provide un-assailable and permanent zoning protection forthe little existing forest cover there is in the district and theplan area, and

iii. identify wildlife habitat and corridors, andiv. make provisions for zoning additional non-forest areas as

open space and for afforestation, so that forest cover can beexpanded over time rather than depleted.

23..24. Gurgaon and Faridabad cities are 70% to 100% dependent on groundwater

for domestic water supply. Already Gurgaon is overdrawing groundwater byabout 300% of the annual recharge. Goundwater levels in Faridabad area arealso dropping. Given this high dependence on ground water, the importance

of the Aravalli hills for groundwater recharge and water security andwhich include the catchments of several lakes, is heightened.

i. Due to groundwater flow in all directions (see map attached), thisarea has been identified as a recharge zone for groundwater forDelhi, Faridabad and Gurgaon by the Central Ground Water Board(CGWB, 2008). “Groundwater outflows from this area towards allthe directions. This area primarily forms recharge zones for thedownstream areas.” (Central Ground Water Board, 2008.Hydrological investigations in mining areas of Delhi and Faridabad,Chandigarh: Government of India., submitted to the Hon’bleSupreme Court (report attached)

ii. Fractures, joints and cracks lead to high secondary porosity.“Thehard rock formations comprising of hills form recharge zone for thedownstream areas (pg 18)” (CGWB, 2008 cited above).

iii. Groundwater recharge is to the tune of 20,00,000 litres per hectareper year (1/3 of rainfall of 600 mm) which is worth approximatelyRs 2 lakh per year (@ of Rs 0.10/litre) and has a Net Present Valueof Rs 24.9 Lakhs (5%, 20 years – same as NPV calculations forCAMPA) and a higher NPV upto Rs 1.5 crores per hectare (Rs 2lakhs/ha/year x 100 years (4 generations) at 0.1% discounting ( onthe lines adopted by Stern Review – privileging inter-generationalequity) (Agarwal C, 2011).

Source: Central Ground Water Board, 2008. Hydrological investigations inmining areas of Delhi and Faridabad, Chandigarh: Government of India.)

25.The Aravallis cover less than 10-15% of the undivided Gurgaon district – thestate government still has over 85-90% left to develop and urbanize.

a. Given the small proportion of area of Aravalli hills in the districtand also the small proportion of area of forest cover, and thecritical importance of the aravalli hills as a groundwater recharge

zone, the entire Aravalli range area falling in the Sohna DDP 2031should be zoned as a permanent natural conservation area/ forestzone /groundwater recharge zone.

26.The master plan, does not identify or provide any zoning protection to thecatchment of Damdama Lake, which falls completely within the Sohna DDP2031 area.

a. Damdama lake is the last remaining perennial lake of the Aravallis ofthe Central NCR and its catchment in the Aravallis, mostly in villageRoj ka Gujjar is virtually unbuilt.

b. Several other aravalli lakes and waterbodies in southern haryanaincluding Badhkal lake, Surajkund lake, Peacock Lake, and Dhaujlake, which are critical for recharge of groundwater for drinkingwater supply downstream of city and village areas have turnedseasonal in the last decade partly due to construction in theircatchment.

c. In Gurgaon district itself, of over 200 water bodies, a majority havebeen lost to development. For example, a hundred year old waterbody in sector 58 that captured aravalli runoff and formed a seasonallake – Ghata lake, which falls in the definition of a wetland, has beenlargely lost to real estate as it was not zoned for protection.

d. Specifically, the master plan, does not identify or provide any zoningprotection to the catchment of Damdama Lake, which falls completelywithin the Sohna DDP 2031 area.

e. In this context, The Regional Plan (17.4.3.iii) states that, “The areasunder water bodies, ox-bow lakes and paleo-channels and theirsurrounding areas as shownin the Ground Water Rechargeable Areasin Map 8.1/Land Use Plan 2021 in Map 17.2 be kept free from anyencroachment/development to allow free flow of water. Constructionactivities for human habitation or for any other ancillary purposethereto not be permitted. Suitable measures be taken to maintain thewater bodies with the minimal flow/water level”.

f. Just as the Hon’ble Punjab and Haryana High Court has ordered thecatchment of Sukhna Lake be delineated and protected fromconstruction, in 2012, the Sohna DDP 2031, should similarly delineatethe catchment of the Damdama lake, and the lake catchment should bezoned as a no-construction zone.

27. Protecting submersible areas of Bunds, Flood Prone Areas, andriver/nullah zone.

a. As stated in the DDP, “Sohna Town is surrounded by Aravali Rangeson eastern & western side, in the rainy season run-off from theseranges passes through proposed urbanization through barsati Nallahsnamely Mehandwara Nadi. Three bundhs namely Sohna bundh,Mohmmadpur bundh and Ghamroj bundh exist on the western side ofthe town to check the run-off for recharging the underground watertable. All the three existing bundhs and alignment of both theseNallahs have been retained as such in the Development Plan.”

b. The DDP also states, “This run-off and run-off coming from north-eastern Aravali ranges flows through Nallah, namely MehandwaraNadi upto Indri lake. In the south-west side of the town, there is forestland and low lying flood prone area.”

c. In this context, the Regional Plan 2021 states that “In the flood proneareas/river beds/banks, no construction or habitation activities bepermitted”.

d. Accordingly water pathways and flood prone areas may be identifiedin the Sohna DDP 2021 and zoned as recommended in the RegionalPlan 2021.

e. A buffer of 50 metres on either side of the Mehandwara Nadi shouldbe zoned as a green belt, to allow for safe discharge of water and toprovide a natural meandering green strip through the expanding city.

f. All other nullahs should have a green belt strip of 30 metres on eitherside, to allow natural landscaping and to provide a buffer forstormwater drainage in the monsoons and an urban biodiversity andrecreational zone.

g. The current alignment of a road crossing the Mehandwara Nadimultiple times (north of sector 28 an sector 4) as shown in the mapaccompanying the DDP should be changed, so as not to disturb thenatural alignment of the nadi.

h. Further, the topographical map of Survey of India for the area showsthe Mehandwara Nadi as emerging from the Aravalli hills near theDamdama lake. However, in the DDP map, there is a missing sectionof the nadi from the Damdama lake to near Bazidpur village.Therefore, the complete length of the river as shown in the

topographical map of Survey of India for the area should be zoned aspart of the Nadi.

28.Hydrological Assessment of hot water spring in Sohna.a. The map legend does not show the sulphur spring or even locate the

Sulphur springs.b. The Hydrology of the hot water spring is not known or referred to in

the DDP. Without study, there is a risk that the DDP proposals willdamage the source and recharge zone of the spring. Therefore acomplete hydrological assessment of this unique feature is required,for any large scale development without a comprehensive assessmentmay damage this unique ecological feature, for ever.

29. Wilderness habitat and corridor.a. The Gurgaon Aravallis included in the DDP e an important

wilderness and wildlife habitat adjoining Delhi, and in closeproximite to the Asola Bhatti Sanctuaries in the Delhi ridge, thusforming a natural buffer to them.

b. Due to their geographic location, the Gurgaon Aravallis are a criticallink in the Aravalli forest and wildlife corridor between Delhi (esp.Asola Bhatti sanctuary) and Gurgaon-Mewat-Alwar Aravalli hillsextending to Sariska National Park and form a large and still relativelyunfragmented habitat. A leopard reported from Asola Bhatti sanctuary,is likely to have reached via the Faridabad/Gurgaon aravallis. Times ofIndia 3.3.2012 – Bhatti Mines spring to life.

c. Green belt/Wildlife corridor. Currently wild animals cross theagricultural areas and small highways to move in the area and crossthe gap in the aravallis. However large scale real estate developmentwill restrict wildlife movement. Accordingly we recommend that inaddition to green belts along roads, a green belt/wildlife corridor of atleast 400-800 metres be developed connecting the aravalli hills to thesouth with the aravalli hills in the north to bridge the Aravalli gap inthis region. This may be afforested with natural species and kept as ano construction zone.

30.Desertification and micro-climatic benefits in the face of climate change.The forested Aravallis are recognized as a barrier against desertification ofthe Delhi NCR region. They also provide micro-climatic benefits – reducingdust and temperatures, mitigating the heat island effect of builtup city areasthus helping adapt to climate change.

31. The Deputy Commissioner, Faridabad had organized a field visit to theAravallis and has subsequently written to Town & Country Planning andForest Departments,

a. suggesting zoning the Aravallis for water recharge zone andforest conservation “in which no fencing, groundwaterexploitation and construction activity is permitted.”

b. We recommend, that these recommendations be reviewed bycompetent independent experts including the CGWB for theirapplicability to Gurgaon Aravallis falling in the Sohna DDP 2031.

32. Restrain speculation in land dealings in Eco-sensitive Aravalli areas.a. The Master Plan for the Faridabad-Ballabhgarh Complex 2011

specifically recognizes the force of speculation in land dealings alongthe Gurgaon-Faridabad Road.

b. The Sohna DDP 2031 by numerous real estate activities in the aravalliareas etc seems to be playing into the hands of such speculative forces.

c. We recommend that the Sohna DDP 2031 should recognize that suchspeculative activities are inappropriate in eco-sensitive areas such asthe aravallis, and that its zoning proposals should aim to protect thearavalli hill ranges from construction and urbanization and restrainspeculative forces.

33. That huge damage and harm has already been caused and irreparable harmis on the anvil, to the drinking water security and other ecological concernsof citizens of Delhi, Faridabad and Gurgaon, both urban and rural, bothcurrent and especially future generations, and accordingly, to their right to aclean environment and therefore to their Right to Life, if the real estateinterests in Gurgaon Aravallis and especially fuelled by the Sohna DDP2031 are not restrained. P.T.O.