SC order on PLPA: Government, private sector installations face prospects of demolition

With SC ordering removal of illegal structures standing on land covered by special orders under Section 4 of PLPA in Haryana, a large number of government and private sector installations face demolition prospects

With the Supreme Court ordering the removal of illegal structures standing on land covered by the special orders under Section 4 of the Punjab Land Preservation Act (PLPA) in Haryana, a large number of government and private sector installations face the prospects of demolition in 14 districts. The special orders issued under section 4 of the PLPA, mentioned specific Khasra numbers along with the name of the district, tehsil and village while general orders issued under Section 4 did not mention specific Khasra numbers, but only name of district, tehsil and village.

The SC held that the lands covered by the special orders issued under Section 4 of the PLPA will have all the trappings of forest lands within the meaning of Section 2 of the Forest Conservation Act,1980. Therefore, the state government or competent authority cannot permit its use for non-forest activities without the prior approval of the Central government with effect from October 25, 1980. (HT File Photo)

The apex court in its July 21 judgment held that the lands covered by the special orders issued under Section 4 of the PLPA will have all the trappings of forest lands within the meaning of Section 2 of the Forest Conservation Act,1980. “Therefore, the state government or competent authority cannot permit its use for non-forest activities without the prior approval of the Central government with effect from October 25, 1980. Prior permission of the Central government is the quintessence to allow any change of the use of forest or so to say deemed forestland. We may add here that even during the subsistence of the special orders under Section 4 of the PLPA, with the approval of the Central government, the state or a competent authority can grant permission for non-forest use,’’ the SC bench said.

The apex court directed the authorities concerned to take action to remove the remaining illegal structures standing on land covered by the special orders and used for non-forest activities on the said lands erected after October 25, 1980, without prior approval of the Central government. It also ordered the restoration of status quo ante, including taking up reforestation or afforestation programmes, in the right earnest

Installations coming under ambit of demolition

Forests officials though have started the exercise to identify the installations prohibited for any non-forest activity under special order of Section 4 of the PLPA, they said that the Haryana Urban Development Authority (HUDA) Sectors 21, 24, 26, 27, 37 and 38 in Faridabad, Manav Rachna University in Faridabad, Aravalli International School in Faridabad, Gymkhana Club in Faridabad, IT Parks which came up on Gwal Pahari area of Gurugram, Tata Energy Research Institute, Gwal Pahari in Gurugram, National Institute of Solar Energy, Gwal Pahari, Gurugram were likely to come under the purview of the SC judgment.

As per an affidavit submitted by the forests department in the Supreme Court, a number of critical establishments were notified under Sections 3, 4 and 5 of the PLPA. These included CRPF Group Centre in Pinjore, Indira Gandhi Super Thermal Power Plant at Jharli in Jhajjar, BPS Government Medical College in Sonepat district, IMT Manesar in Gurugram, National Security Guard Garrisson in Gurugram, SHKM Government Medical College, Nalhar in Nuh. “There are a whole lot of critical establishments notified under Section 3, 4 and 5 of the PLPA. However, we need to work out and specify the pieces of land notified by a special order under Section 4 of the PLPA restricting non-forest activity,” said an official. They said that the Central government has also granted permission for the diversion of a number of land chunks notified under Sections 4 and 5 in Gurugran, Faridabad, Panchkula and Mewat.

‘Land under Section 4 special order would be insignificant’

The court said that special orders under Sections 4 and 5 of PLPA in respect of 22 districts of Haryana, including the districts of Gurugram and Faridabad, cover only an area of 31,738 hectares, out of the total area of 44,21,200 hectares. “In at least eight districts, not a single piece of land is governed by special orders under Sections 4 and 5. Hence, only about 7.1% of the total lands in 22 districts are covered by special orders issued under Sections 4 and 5 of PLPA. Going by these figures of the lands covered by the special orders under Sections 4 and 5, the percentage of the lands covered by special orders under Section 4 must be insignificant as compared to the total area of the districts,’’ the SC said.