Hry govt to seek regularisation of its unauthorised structures
Initially, govt plans to seek diversion of PLPA land for Faridabad district
CHANDIGARH: Following a 2022 Supreme Court (SC) directive to remove unauthorised structures built on land parcels protected by the special orders issued under Section 4 of the Punjab Land Preservation Act (PLPA), the Haryana government is contemplating seeking an exemption for government establishments built on protected land in the form of diversion of land under the Forest Conservation Act.
Diversion as per the Forest Conservation Rules means an order issued by the state government or any authority with the approval of the Central government for the use of any forest land for non-forest purpose or assignment of a lease of any forest land for non-forest purpose. It includes undertaking compensatory afforestation - planting trees in lieu of the diversion of forest land for non-forest purpose and payment of compensatory levies as per Compensatory Afforestation Fund Act, 2016. Compensatory levies are funds realised from user agencies by state government towards compensatory afforestation, penal compensatory afforestation, net present value, or money for compliance of conditions stipulated by the Central government while according approval under the Forest Conservation Act, 1980.
HUDA sectors, tourism properties on the list
Initially, the government plans to seek diversion of PLPA land for Faridabad district particularly the villages of Anangpur, Ankhir, Mewla Maharajpur and Lakkarpur Khori since the apex court order to remove illegal structures pertained to these villages.
A meeting in this regard was convened by chief secretary Sanjeev Kaushal earlier this week. Forest officials said that government properties built on the land protected under the Section 4 special orders of the PLPA in Faridabad included sectors of Haryana Urban Development Authority (HUDA) - Sector 21-C (Ankhir), 44, 45, 47 (Mewla Maharajpur), leisure valley in Mewla Maharajpur, properties of Haryana Tourism in Surajkund, Badkhal etc.
When asked chief secretary Sanjeev Kaushal said that properties owned, acquired or developed by Haryana Tourism like Sunbird, Badhkal lake resort, motels at Surajkund and developed sectors of Haryana Urban Development Authority (HUDA) need to be regularised. The land for HUDA sectors was acquired and plots were allotted to individuals on which houses had been built. The Haryana Tourism properties in Surajkund area came up on acquired land in 1970s whereas the Forest Conservation Act was enacted in 1980 and the PLPA notifications prohibiting construction were issued in 1992. All the structures were thus existent much before the Forest Conservation Act or PLPA notifications came into being, he said.
“We feel that these government properties must be regularised by granting exemption under Forest Conservation Act by following the due process. The tourism and the town and country planning departments will submit proposals to the Faridabad deputy conservator of forests in this regard in 15 days. The deputy conservator of forests and regional office of Union ministry of environment, forest and climate change (MoEFCC) will have to take a call on these,” the chief secretary said in reply to a query about the process.
Private entities also applied for exemption
Officials said 65 entities have also applied for permission from the MoEFCC for diversion of their land on which unauthorised structures have been built. These 65 entities, including 43 who have applied after the apex court’s July 2022 judgment, are seeking regularisation of their unauthorised structures.
The applicants included private entities like Sun and Rock Recreational Complex in Ankhir, Modern Vidya Niketan School in Mewla Maharajpur, Manav Rachna International School of Research and Studies (deemed to be a University) in Mewla Maharajpur, a number of marriage halls like Vaishali Garden, Khalsa Garden, recreational complexes, retail petrol outlets etc.
A police station each in Anangapur and Ankhir functioning under Faridabad police commissionerate have also applied for exemption, as per official documents.
The apex court in its July 21, 2022, judgment had held that the land covered by the special orders issued under Section 4 of the Punjab Land Preservation Act (PLPA) have all the protection allowed to forest land within the meaning of Section 2 of the Forest Conservation Act, 1980, and, therefore the state government cannot permit their use for non-forest activities without the prior approval of the Central government with effect from October 25, 1980. The SC had also ordered removal of illegal structures on Section 4 PLPA protected land.
An exercise by the state government to verify unauthorised structures in four villages found 6,793 unauthorised structures built at 729 locations protected under the special orders of PLPA in the four Faridabad villages.
Notices listing out forest laws violations were served on the owners of the unauthorised structures by the forests department.
They were also afforded an opportunity to remove these unauthorised structures and stop all non-forest activities from their land or submit written representation in response to the notice denying the facts mentioned in the notice.
The hearings on the replies and objections made by land owners are on and the state government has sought time till May this from the apex court for compliance.
The SC had also directed the state government that before the action of removal of the illegal structures and action of stopping non-forest activities is taken in respect of the lands covered by the special orders of August 18, 1992, issued under Section 4 of PLPA, the competent authority shall afford an opportunity of being heard to the affected persons and conclude such proceedings finally not later than three months from today and submit compliance report in that regard within the same time.
We feel that these government properties must be regularised by granting exemption under Forest Conservation Act by following the due process. SANJEEV KAUSHAL, chief secretary