Regularisation of structures on PLPA land: HSVP sectors among 30 odd proposals pending
The exemption for structures built on PLPA-protected land in the form of diversion of land is being sought under the Forest Conservation Act now known as Van (Sanrakshan Evam Samvardhan) Adhiniyam.
About 30 proposals seeking ex-post facto approval of the central government are currently pending and under process for regularisation of structures built on Punjab Land Preservation Act (PLPA) protected land in Faridabad. This included assets of Haryana Shehri Vikas Pradhikaran (HSVP), a state government-owned undertaking. Many such regularisation proposals have been rejected on various grounds, though for the time being, officials said.
Officials said as per an exercise conducted to verify the unauthorised structures with the aid of unmanned aerial vehicles and satellite imagery in four Faridabad villages followed by ground verification by a team of district officials, there are 6,793 structures at 729 locations in Faridabad’s Anangpur, Ankhir, Lakkarpur and Mewla Maharajpur villages, which came up in contravention of special orders under Section 4 of the PLPA.
The Supreme Court in its July 2022 judgment had held that the land covered by the special orders issued under Section 4 of the PLPA has 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 apex court had also ordered that illegal structures on such land should be removed. The SC order pertained to the four villages of Faridabad.
The exemption for structures built on PLPA-protected land in the form of diversion of land is being sought under the Forest Conservation Act now known as Van (Sanrakshan Evam Samvardhan) Adhiniyam.
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 purposes or assignment of a lease of any forest land for non-forest purposes. It included 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 the state government towards compensatory afforestation, penal compensatory afforestation, net present value (NPV), or money for compliance of conditions stipulated by the central government while according approval under the Forest Conservation Act, 1980.
Applications pending with authorities
The proposals pending for diversion included HSVP sectors, Kant Enclave, Sun and Rock Recreational Complex, Modern Vidya Niketan School, Janhit Sewa Charitable Trust, Godavari Shilpkala Private Limited and Jannat Valley, Iconic Farm, Khalsa Garden, Silky Green Valley (all banquet facilities).
Officials said many applications made by various violating entities seeking ex-post facto approval for diversion under the law were rejected on various grounds. “Many were rejected as the area applied for diversion was less than the actual area under non-forestry use. In certain cases, multiple applications for diversion were made for the same parcel of land with a purpose to reduce the area sought for regularisation to less than a hectare to circumvent the Forest Conservation Act guidelines,’’ officials said.
The state government in a February 3, 2023, communication had sought specific relaxations in para 1.15 of Forest Conservation Act guidelines from the Union ministry of environment, forest and climate change (MoEFCC) stating that relaxation for conditions related to non-specific projects be granted for Faridabad cases so that as one time measure such cases can be considered for post-facto approval under the law and rules made thereunder. The MoEFCC in March 2023 wrote back to say that general relaxations in guidelines are not tenable though the case may be submitted for consideration and a decision will be taken on a case-to-case basis depending on the merit of the case.
Penal NPV to be levied on certain violators
Listing out the manner in which the proposals involving non-forestry use of lands protected under PLPA will be considered, the MoEFCC in a December 29 communication said cases where non-forestry use has been done prior to October 25, 1980, with the approval of the competent authority need not be referred to the central government for prior approval under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980. However, details of all projects falling under this category along with copies of relevant supporting documents be submitted to MoEFCC within the next 120 days.
The communications said proposals related to lands where the approval by the competent authority for the project has been granted competent authority in conformity with the applicable land or housing laws or development plan of the area either before or after issuance of special order under Section 4 of the PLPA but prior to Supreme Court’s order of March 18, 2004 (when for the first time PLPA lands were directed to be treated as forest for the purposes of FC Act) shall be considered for ex-post facto approval subject to payment of normal NPV and compensatory afforestation and other relevant conditions. The MoEFCC, however, said that penal NPV, penal compensatory afforestation and other relevant conditions will be imposed if the approval was given after March 18, 2004. “The MoEFCC will examine such proposals on a case-to-case basis and ex-post facto approval wherever considered, shall be subject to payment of NPV and compensatory afforestation or penal compensatory levies,” it said.
