Remove illegal structures erected after Oct 25, 1980 on forest land in Faridabad: SC

Satya Prakash

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 Haryana’s Faridabad and used for non-forest activities without prior approval of the Central government.

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

The top court—which has already passed several orders on removal of illegal structure on forest land in the area—directed them to restore the status quo ante and undertake reforestation/afforestation programmes 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 the environment.”

Noting that the lands covered by the special orders issued under Section 4 of Punjab Land Preservation Act, 1900 have all the trappings of forest lands 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 Central Government with effect from October 25, 1980.

It directed all 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 25th October 1980, without prior approval of the Central Government, and further to restore status quo ante including to undertake reforestation/afforestation programmes in right earnest.

“As far as the lands 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 any prejudice to the affected persons, it directed that before the action of removal of the illegal structures and/or action of stopping non-forest activities was taken in respect of the lands covered by the special orders dated 18th August 1992 issued under Section 4 of the Punjab Land Preservation Act, 1900 (‘PLPA’), the competent authority concerned shall hear the affected persons and conclude such proceedings finally in three months and submit compliance report.