Through the welcoming intervention by Supreme court of India, the country got its first ever definition of “forest” way back in 1996. But just like anything else in the world, it could not be easily accepted.
It explained: “The word ‘forest’ must be understood according to its dictionary meaning. This description covers all statutorily recognized forests, whether designated as reserved, protected or otherwise for the purpose of Section 2(i) of the Forest (Conservation) Act, 1980.”
“The term ‘forest land’, occurring in Section 2, will not only include ‘forest’ as understood in the dictionary sense, but also any area recorded as forest in the government record irrespective of the ownership.”
As per MOEFCC’s response filed in SC, a ‘forest’ means “any area that is recorded as forest in any governmental record irrespective of whether it is having a forest growth or not”, based on subsequent 2018 SC judgment.
Back then, the ministry pointed out how a definition of merely 2 to 3 pages can create more leakages than it actually solves.
Recently, the Haryana Government has re-iterated the same.
It has claimed that implementing the SC’s 2018 judgment (MC Mehta (Kant Enclave matters) v. Union of India) based on definition of ‘forest land’ it delivered, would have large practical implications.
“The demolitions required are on a mammoth scale and beyond the capacity of the State government and would also create serious and unparalleled law and order problems”, explains the state government.
This is regarding the demolition of constructions and structures; those compose an almost 40 percent of the geographical area in the State (1,739,907 hectares of land).
Declared forest land covering 1.46 lakh hectare, accounts for about 4% of the state’s territory.
“The lands notified under the provisions of the Punjab land preservation act include both Government and private land and also the structures that have come up on these lands including schools, colleges, hospitals, Police Stations, roads, transmission lines, government buildings, defence establishment, infrastructure, residential houses. including those developed by the government corporations”.
Razing down structures would mean shattering the livelihoods of millions of people surviving therein.
“Besides, it raises a very pertinent issue regarding constitutional rights of the people to such land, particularly where construction have been undertaken after taking requisite approvals in accordance with law.”
Again, in June, 2021 the bench constituting Justices AM Khanwilkar and Dinesh Maheshwari requested an assurance from the Haryana government to clear down all unauthorised structures standing on Aravalli Forest lands.
“Our direction to remove all structures on forest land applies to all structures without any exception.”
100 percent of the eleven district areas including Gurugram, Faridabad, Panchkula, Ambala and Yamunanagar fall under the definition of forest land under the Punjab Land Preservation Act (PLP Act).
It’s objective lies in conserving and restoring land as well as soil from erosion though land for the same would be notified and remain in force tils some limited time only or expiration.
“Intention of PLPA has never been to create or convert notified land into forest land in any manner.”
Under this narrative, the demolition orders were issued for the slum colony of Khori Gaon and Kant Enclave, Faridabad. The show-cause notices to various owners of 129 farmhouses, banquet halls, schools etc. were also floated.
The areas notified in Sections 3, 4 and 5 of the PLP Act will continue to be kept as ‘forest land’ even after the expiry of its news.
“The closure or prohibition which is sought to be enforced as a temporary measure solely as a measure to regulate, restrict or prohibit certain activities during the period of such closure which is lifted upon the expiry of the said period,”
This would attract wide-scale demolitions, but falls short of suggesting a better future plan.
Based on the affidavit filed by the Government in Court:
“About 39.35 percent of the geographical area of the State of Haryana being notified under the provisions of PLP Act are required to be considered as forest and every structure constructed after issuance of the notification for the first time are required to be considered as illegal and are required to be demolished.”
“There are millions and millions of people who are severely affected due to almost 40 percent of geographical area of the State now being considered as forest lands and due to millions of structures which are now required to be considered as illegal”.
Haryana government also apprised the court of an amendment made to the PLPA by its own assembly, that excludes certain lands to stand out of the ambit of PLPA notification i.e., for the purposes of construction.
While the Apex Court of India and concerned Governments may struggle with defining and conserving Forests which may or may not have been converted to vehicles of human growth.
It becomes important that the attempts are made to conserve and replenish the ones, already dwindling nearby while sustaining the lives dependent on it.
It would create chaos in the state if 40% of the structures would be demolished.
Exactly, you get it right. Haryana Government has approached the Supreme Court on same grounds.