A decision with direct consequences for Aravalli land in Faridabad, Gurugram and nearby districts.
Case note
- Material facts
- Appeals against National Green Tribunal orders treating lands in villages Anangpur, Ankhir and Mewla Maharajpur (Faridabad) covered by special orders of 18 August 1992 under Section 4 of PLPA as forest land; writ petitions against 2021 demolition notices.
- Issue
- Whether land covered by a special order under Section 4 of PLPA is 'forest land' for the Forest (Conservation) Act, 1980.
- What was decided
- Lands covered by special orders under Section 4 of PLPA have all the trappings of forest land under Section 2 of the 1980 Act, so the State cannot permit non-forest use without prior Central Government approval with effect from 25 October 1980. A notification under Section 3 of PLPA does not by itself make land forest. The Court made no adjudication on lands under Section 5 orders, leaving them to be decided case by case.
- Order / relief actually given
- Authorities were to remove illegal structures erected after 25 October 1980 on the Section 4 special-order lands without Central approval, and restore and reforest, after giving affected persons a hearing within three months. Appeals and two writ petitions were disposed of; NGT orders stood modified accordingly; one writ petition was left to rehabilitation directions in earlier proceedings.
- Later proceedings
- Subsequent proceedings were not checked.