Several buildings will have to be demolished: Haryana CM on 'forest land'

Several buildings in Gurugram and Faridabad will have to be demolished if authorities were to remove all structures from 'forest land' as defined by the Supreme Court in its 2018 judgement, said Haryana Chief Minister Manohar Lal Khattar on the fresh affidavit filed before the apex court on 2018 Kant Enclave verdict.

The Supreme Court in 2018 had noted that all notified land in the Punjab Land Preservation Act (PLPA), was to be considered 'forest land.'

The court on July 23 had directed the state government to raze down all unauthorized structures on the Aravali forest land. The state government abided by the direction and demolished a slum colony in Khori Gaon and sent show-cause notices to several owners of commercial structures including farmhouses, banquet halls, etc. Many had claimed that their properties fell outside of the defined 'forest land'. However, that state's forest department had dismissed all objections stating that these lands were notified under the PLPA, 1900 and were to be treated as 'forest land.'

Khattar, opposing the top court's directive this time, said that Forest Act and land notified under PLPA are different adding that 40 per of the area of Haryana comes under PLPA.

"Area notified under Forest Act and land notified under PLPA (Punjab Land Preservation Act) are different. Due to some mistakes both land were treated as one. 40 per cent of area of Haryana comes under PLPA," said the Chief Minister.

Khattar also said, "PLPA was for purpose of conserving and restoring erosion of soil, and was applicable for only a limited period. Several buildings in Gurugram and Faridabad, will have to be demolished if authorities were to remove all structures from forest land as defined."

The state government on Thursday submitted an affidavit at the top court stating that all land under PLPA cannot be treated as "forest land," taking an opposing stand from what it told the court in 2018.

Khattar further claimed that earlier wrong affidavits were submitted during the hearing.

"Earlier wrong affidavits were submitted. In our affidavit of 85 pages, we have requested Supreme Court to separate this (land comes under Forest Act and PLPA) and to take a decision on it," he said.

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