Union government may clear non-forest projects built in Aravallis
The approvals will be subject to payment of penal levies, and compensatory afforestation, the minutes of a committee meeting have revealed
The Union ministry of environment, forest and climate change (MoEFCC) will consider for ex-post facto clearance for various non-forest projects that have come up in the Aravallis, the minutes of a forest advisory committee (FAC) meeting have revealed, prompting experts to say it could clear the way for constructions deemed illegal on the protected lands to be regularised again.
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The approvals will be subject to payment of penal levies, and compensatory afforestation, the minutes added. Environmentalists, however, fear that this could lead to the despoiling of the Aravallis — one of the oldest mountain ranges in the world.
Lands covered under special sections 4 and 5 of the Punjab Land Preservation Act (PLPA), 1900 should be treated as forests, the Supreme Court had ruled in July 2022. Special orders under Section 4 of PLPA are restrictive provisions issued by the state government to prevent deforestation of a specified area that could lead to soil erosion.
On November 29 this year, MoEFCC notified the Van (Sanrakshan Evam Samvardhan) Rules, 2023 to implement the provisions of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980. The new law came into force on December 1, and the ministry has issued several guidelines for the implementation of the amendment act.
Sub-rule (7) of rule 16 of the new law allows “proposals on forest land under litigation or sub-judice on account of an issue pertaining to the Indian Forest Act, 1927, local forest Act or Adhiniyam will be dealt as per the orders of the Courts or Tribunals passed in such cases and the date of applicability of the Adhiniyam in such lands shall be in accordance with the direction, if any, passed by the Courts or Tribunals”.
The minutes of the FAC meeting published on December 18 said that the ministry’s regional office in Chandigarh had forwarded a list of proposals pertaining to PLPA lands, seeking clarification on the applicability of the 1980 law in these lands after the notification of the Forest (Conservation) Amendment Act, 2023.
The minutes state that as per rule 16, lands covered under PLPA sections 4 and 5 will be recognised as forests under the new amendment, but provisions will also be made for ex-post facto clearance to some violations that have already come up.
“After thorough deliberation and discussion with DIGF, Chandigarh and Official of the Forest Conservation Division, the Advisory Committee recommended that in light of provisions of Van (Sanrakshan Evam Samvardhan) Rules, 2023 and directions contained in the Hon’ble Supreme Court order dated 21.07.2022 passed in the matter of Narinder Singh and Other vs. Union of India and Others, the provisions of the Van (Sanrakshan Evam Samvardhan) Adhiniyam will be applicable in the lands covered under section 4 of the PLP Act, lands covered under court cases, as referred above; and proposal relating to non-forestry activities, already undertaken in such lands, shall be submitted to the MoEF&CC, New Delhi by the States/Union territory concerned for ex-post facto approval which shall be considered by the MoEF&CC in the following manner…” the minutes state.
The minutes lay down various processes by which the ministry should consider these violations, including those that have come up prior to 1980.
“The MoEFCC, New Delhi will examine such proposals on case-to-case basis and ex-post facto approval wherever considered, shall be subject payment of Net Present Value (of forests) and Compensatory Afforestation or penal compensatory levies, as mentioned under clause (ii) & (iii) above,” the minutes state.
Responding to the development, Chetan Agarwal, a forest analyst based in Gurugram, said, “Haryana is well known for having made master plans in violation of successive Regional Plans for the NCR and has been pushing for the removal of real estate prohibitions in the natural conservation zones in the state. It has allowed the construction of several facilities including over 50 banquet halls in the Aravallis which are in PLPA forest areas. These guidelines will open the way for large-scale regularisation of violations and illegal constructions in the Aravallis.”
Read here: Several rules issued in past 2 years to streamline forest clearance: Govt
Noting that the Haryana government has swiftly targeted informal dwellings in the Aravallis, Agarwal said, “The Supreme Court had ordered the removal of constructions in the Aravallis in 2022, but the state has dragged its feet and has primarily targeted informal bastis, rather than commercial establishments, and has not implemented the directions of the court.”
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