Is Gurgaon forest land with no powers to construct? High Court clears air on own verdict

As the court’s orders covered most parts of Gurgaon,Nuh,Faridabad,Panchkula,Yamunanagar,Ambala,Mohindergarh,Rewari and Bhiwani districts,the development activities in these districts came to a standstill as all such work came under the ambit of non-forest activities.

In a spot over the roadblock,the authorities of these districts approached the state government,which in turn,moved court.

Rectifying its previous order,the HC observed: “The error has apparently crept in for the reason that neither a complete copy of the notification dated November 28,1997,was placed on record,nor the notifications issued under Sections 4 and 5,PLPA,1900,were brought on record. The same has been brought to record for the first time after the main decision.”

The Bench,comprising Chief Justice T S Thakur and Justice Surya Kant,maintained: “We are aghast to know that the copies of the notifications issued under Sections 4 and 5 of the PLPA,1900,are neither readily available with the divisional forest officers or other forest officers,nor have they been brought to the notice of the Mines and Geology department,Haryana. Resultantly,no demarcation appears to have been made at the spot of the lands covered by these notifications by the revenue department.”

The Bench added that this had not only led to large-scale illegal mining in prohibited areas,but has also become a source of loss to the state exchequer and corruption at various levels. The Bench clarified that only lands/areas forming parts of the notification issued under sections 3 of the PLPA,1900,in respect of which restrictions against clearing,breaking up,etc have been imposed under Sections 4 and 5 of the aforesaid Act,are declared as forest land.

In the recent order,the HC observed that as per separate affidavits and writ petitions,all land/areas notified under Sections 4 or 5 of the PLPA,1900,are not forest lands. “Only those lands where clearing,breaking up or cultivation has been prohibited are being treated as forest land. Where the notification under Sections 4 and 5 of the PLPA,1900,restricts only cutting of trees or timber or removal or subjection to any manufacturing process,those lands are not to be treated as forest land and can be used for non-forest purposes,” reads the order issued on September 4.

The Bench further ordered that copies of the notification issued under the Act,along with a compilation of total area covered,be provided for all divisional forest officers and range forest officers with a month of issuing the orders. The Bench also instructed that all divisional officers to get ‘forest land’ demarcated by the revenue authorities in presence of district mining officer within two months of this order.