Summary
Marriage halls and other structures stood on Faridabad lands covered by special orders of 18.08.1992 under Section 4 of the Punjab Land Preservation Act, 1900. The question was whether such land is forest land under the Forest (Conservation) Act, 1980. The Supreme Court held that it is. The Section 4 restrictions on clearing, quarrying, tree-cutting, burning and grazing presuppose forest land, so it has all the trappings of a forest within Section 2 from 25.10.1980. Non-forest use needs the Central Government's prior approval, and that status survives expiry of the orders and the 2019 Haryana amendment. A Section 3 notification alone does not create forest land, and lands under Section 5 orders were left for case-by-case decision. Unapproved structures built after 25.10.1980 must be removed after a hearing.
Issues
- Whether land covered by a special order under Section 4 of the Punjab Land Preservation Act, 1900 is 'forest land' within Section 2 of the Forest (Conservation) Act, 1980.
- Whether the special orders of 18.08.1992 could be challenged for want of a Section 3 notification or for non-compliance with Sections 6 and 7 of the PLPA, more than twenty years later.
- Whether inclusion of the lands in a controlled area or development plan, the temporary duration of the orders, or the Punjab Land Preservation (Haryana Amendment) Act, 2019 changes their status as forest land.
Provisions considered
- Section 2, Forest (Conservation) Act, 1980Clause (i) covers reserved forests. Clauses (ii) to (iv) cover any forest land: forests in the dictionary sense (large tracts with dense growth) and areas recorded as forest in government records, including Forest Department records. Non-forest use needs the Central Government's prior approval, granted on sustainable-development principles. (¶¶ 34, 35, 36, 37, 38, 39, 40, 41, 42)
- Sections 2(c), 3, 4 and 5, Punjab Land Preservation Act, 1900One object of the Act is to prevent erosion caused by deforestation. The Section 4 restrictions mirror those for reserved and private forests under the 1927 Act and presuppose forest land. A Section 3 notification of a wider area does not by itself create forest land. (¶¶ 44, 45, 46, 47, 48, 64)
- Sections 5, 20, 26, 29, 30 and 35 to 37, Indian Forest Act, 1927These provisions establish reserved, protected and private forests and the activities prohibited in them. They were compared with Section 4 of the PLPA to show that its restrictions are forest restrictions. The 1980 Act supplements the 1927 Act and is wider in scope. (¶¶ 26, 27, 29, 30, 31, 32, 33, 47)
- Articles 21, 48A and 51A(g), Constitution of IndiaForest laws are interpreted in light of the right to a clean environment, the State's duty to safeguard forests, the public trust doctrine, the precautionary principle and sustainable development. (¶ 25)
- Sections 3A, 4A and 23 inserted, Punjab Land Preservation (Haryana Amendment) Act, 2019Whatever its effect, the amendment cannot alter the status of land that is forest under the 1980 Act, and if read otherwise it would prima facie be repugnant to Section 2. The prayer to implement it was left to the Bench hearing M.C. Mehta (WP 4677/1985). (¶¶ 61, 62, 63)
Held
- Section 2 of the 1980 Act covers statutorily recognised forests, forests in the dictionary sense (an extensive tract with dense growth, not a small isolated plot with a few trees) and any area recorded as forest in government records, including those of the Forest Department. Whether particular land is forest under clauses (ii) to (iv) is decided on the facts of each case. (¶¶ 38, 39, 40, 41, 42)
- The 1980 Act does not prohibit non-forest use outright. Such use is permitted only with the Central Government's prior approval, which must be granted by applying sustainable development on scientific and consistent yardsticks. The owner keeps title but cannot use the land for non-forest purposes without that approval. (¶¶ 36, 37, 43)
- The PLPA aims among other things to prevent erosion caused by deforestation, and it adopts the 1927 Act's definitions of tree, timber and forest produce. The restrictions under Section 4 on clearing, quarrying, cutting trees, burning and grazing presuppose forest land. Land under a special Section 4 order therefore has all the trappings of a forest within Section 2 of the 1980 Act, independently of the State's earlier affidavits treating such land as forest. (¶¶ 45, 47, 49, 50, 51, 64)
- A notification under Section 3 alone does not make land forest land. The Court did not decide the status of land under Section 5 orders, which the authorities must determine case by case. (¶¶ 48, 64, 65)
- Earlier decisions in Godavarman and the M.C. Mehta cases did not examine the legal effect of Section 4 orders. B.S. Sandhu concerned a village-wide Section 3 notification and overlooked the PLPA's object of preventing deforestation, as well as the forest character of the Section 4 restrictions. (¶¶ 52, 53, 54, 55)
- The challenge to the 1992 orders, made more than twenty years later for want of a Section 3 notification or of compliance with Sections 6 and 7, fails for gross delay. In any event, a Section 3 notification of 10.04.1992 covered Ballabhgarh Tehsil, and the orders recite a due inquiry. The fear that whole districts would become forest was misleading, because special orders cover only 31,738 of 44,21,200 hectares. (¶¶ 56, 57, 58)
- Section 2 of the 1980 Act overrides other laws, including the 1971 Faridabad Act and development plans. Once land is forest under Section 2, from 25.10.1980, its status continues even if the Section 4 order expires or is rescinded, and the 2019 amendment cannot alter it. (¶¶ 59, 60, 63)
Result
Appeals and writ petitions disposed of, with the NGT orders modified. Unapproved structures on the lands under the 18.08.1992 Section 4 orders, erected after 25.10.1980 and used for non-forest purposes, must be removed after a hearing, completed within three months, followed by reforestation. WP 1320/2021 is governed by the rehabilitation directions in SLP 7220-7221/2017. No costs.