University built on Aravalli forestland gets post-facto nod from Environment Ministry

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New Delhi, December 28

The Environment and Forests Ministry has given post-facto approval to a private university built on 13.6 hectares of Aravalli forest land in Faridabad.

Haryana forest dept objected to construction in 2008

• The Divisional Forest Officer, in a site inspection report in 2020, has stated that the university had violated the Forest Conservation Act, 1980, by encroaching upon forest land without taking the approval of the Union Government
• The University completed the construction in 2005. In 2008, the Haryana Forest Department objected to the construction, citing violation of the Act
• The university approached the Environment and Forest Ministry in 2023 for post-facto approval after an amendment of the Forest Conservation Act, 1980

The minutes of the meeting released by the ministry on Wednesday revealed that the Haryana forest department has acknowledged that the University had violated the Forest Conservation Act, 1980 by encroaching upon the forest land.

The Divisional Forest Officer, in a site inspection report in 2020, has stated that the university had violated the Act by encroaching upon forest land without taking the approval of the union government. Under Forest Conservation Act, 1980 it is mandatory for user agencies to take clearance from the union environment ministry for projects which are for non-forest uses.

The University completed the construction in 2005. In 2008, the Haryana forest department objected to the construction, citing violation of the Forest Conservation Act, 1980.

However, the advisory committee of the ministry observed that since the institution was for education and research purposes in the area, the use of forest land was unavoidable. The committee stated, “As the proposal envisages access and construction of the institute, there is no other alternative is possible for the project avoiding forest land. The proposed alignment is not passing through any National Park, Wildlife Sanctuary, Elephant /Tiger Reserve. The requirement of land is unavoidable and barest minimum.”

According to official documents accessed by The Tribune, it was found that the Haryana government in 2020 informed the Central Empowered Committee (CEC) of the ministry that the construction of the institute was in violation of the Forest Conservation Act. The CEC directed the state government to demolish the structure. However, no action was taken in this regard.

In 2023, after the amendment of the Forest Conservation Act, 1980, the University approached the ministry for post-facto approval. Under the Forest (Conservation) Amended Act, any forest land upon which a non-forest activity was approved between October 25, 1980 and December 12, 1996 (under the 1980 Act) would not be covered by the Act.

Post-facto environmental clearance refers to allowing functioning of an industry or project that has started operating without obtaining the green clearance and disclosing probable environmental impacts of the project.