Context: The Punjab and Haryana high court has declared Sukhna Lake a “living entity” or “legal person” with rights, duties and liabilities of a living person.The court invoked its parens patriae jurisdiction to declare the lake as a legal entity for its survival, preservation and conservation having a distinct persona with corresponding rights, duties and liabilities of a living person.
- All the citizens of Union Territory, Chandigarh, are hereby declared as loco parentis (in the place of a parent) to save the lake from extinction.
- The court has completely banned new construction in the catchment areas falling in the states of Punjab, Haryana and Union Territory Chandigarh as well as in the Sukhna Wetland and Sukhna Wildlife Sanctuary.
- All structures in Sukhna’s catchment area (which was demarcated by the Survey of India in 2004) should be demolished, and affected owners whose building plans have been approved should be relocated in the vicinity of Chandigarh and they should be compensated with Rs 25 lakh each.
- Earlier Uttarakhand high court in 2017 declared the Ganga and Yamuna as living entities,enjoying all the rights, duties and liabilities of a living person verdict that was later stayed by the Supreme Court. In June 2019, the Punjab and Haryana High Court had ruled that all animals, birds and aquatic life in Haryana would be accorded the status of legal persons or entities.
About Sukhna lake:
- The man-made Sukhna Lake was built in 1958 by Le Corbusier, the architect of Chandigarh. Located in the foothills of the Shivalik Hills, it was designed to collect runoff water from the Hills. The Lake, which is in the process of being officially notified as a wetland, also has a nearby wildlife sanctuary that is home to sambar, pangolin, wild boars, red jungle fowl, cobras and other species.