Raze illegal structures built in Faridabad forest areas after Oct '80: Supreme Court

Satya Prakash

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New Delhi, July 21

The Supreme Court on Thursday directed the authorities concerned to remove the remaining illegal structures erected after October 25, 1980, on forest land in Faridabad, Haryana, and used for non-forest activities without prior approval of the Union Government.

A Bench of Justice AM Khanwilkar, Justice Abhay S Oka and Justice CT Ravikumar held that prior permission of the Centre was needed to allow any change of use of forest or deemed forest land.

The top court, which has already passed several orders on removal of illegal structure on forestland in the area, directed the authorities to restore the status quo ante and undertake reforestation or afforestation in the right earnest.

Senior counsel Arun Bhardwaj, who represented the Faridabad Municipal Corporation in the case, welcomed the verdict, stating, “It’s in the favour of environment.”

Noting that the land covered by the special orders issued under Section 4 of the Punjab Land Preservation Act, 1900, have all the trappings of forest land within the meaning of Section 2 of the Forest (Conservation) Act, 1980, it said the state government or competent authority cannot permit its use for non-forest activities without the prior approval of the Centre with effect from October 25, 1980. “As far as the land covered by special orders under Section 5 are concerned, we are not making any adjudication. Therefore, the authorities will have to decide the status of the lands covered by the said orders under Section 5 on a case-to-case basis,” the Bench said.

To avoid prejudice to the affected persons, it directed that before taking action, the authority concerned shall hear the affected persons and conclude such proceedings in three months and submit a compliance report.