Court Orders State of Punjab to Identify and Demarcate Forest Land, Restricting Development in Environmentally Sensitive Areas
In a landmark decision, the Punjab and Haryana High Court has ordered a halt to all construction and development activities in several villages located in the foothills of the Shivalik Hills, emphasizing the need for environmental preservation. The court's ruling focuses on the areas identified as environmentally fragile, including Villages Karoran, Nada, Parch, and others, urging the State of Punjab to carry out proper demarcation of forest land as directed by the Supreme Court in a previous judgment.
The decision, issued by a division bench comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, highlights significant concerns regarding the preservation of forest areas and the unchecked commercialization of land without adherence to legal mandates. The court's order comes in response to a series of public interest litigations and civil writ petitions that raised serious issues about the environment and ecology in the region.
The genesis of the controversy dates back to a Supreme Court judgment in the case of B.S. Sandhu v. Government of India, which determined that the mere inclusion of land under the Punjab Land Preservation Act, 1900, does not automatically classify it as forest land. The Supreme Court had directed the State of Punjab to ascertain the nature of the land based on revenue records as of October 25, 1980, a directive that the High Court now insists must be fulfilled.
In its order, the High Court expressed concerns over the lack of compliance by the State of Punjab with the Supreme Court's directions, noting that construction activities have continued unabated in the absence of proper demarcation. The court emphasized the importance of preserving the environmentally sensitive areas and directed the State to ensure that no further construction or alienation of land occurs until the demarcation is complete.
The court also underscored the need for transparency and accountability, ordering the Chief Secretary of Punjab to form a team of Forest and Revenue Officers to review old revenue records and accurately determine the forest land as it existed on the specified date in 1980. The Chief Conservator of Forests, along with a senior officer of the Revenue Department, will lead this team, which has been given a six-week deadline to complete the task.
Additionally, the High Court has mandated that copies of the revenue records be secured with the Registrar General of the court to prevent any manipulation of entries. The court warned that any violation of its directions would be treated as contempt, with appropriate legal actions to follow.
The ruling highlights the court's commitment to uphold environmental laws and protect ecologically fragile areas from unauthorized development. It serves as a reminder to the authorities of their responsibility to balance development needs with environmental preservation, ensuring that legal procedures are strictly followed in land classification and usage.
This decision is seen as a significant step towards environmental conservation in the region, aiming to safeguard the Shivalik foothills from further ecological degradation and ensuring compliance with forest conservation laws.
Bottom line:-
The Punjab and Haryana High Court emphasizes the importance of preserving environmentally fragile areas and directs the State of Punjab to demarcate forest land as per the Supreme Court's directions in B.S. Sandhu v. Government of India and others. The court restrains construction activities in certain villages until proper demarcation is carried out.
Statutory provision(s): Punjab Land Preservation Act, 1900 Sections 3, 4, and 5; Forest (Conservation) Act, 1980 Section 2; Constitution of India, 1950 Article 300A
Sukhraj Kaur Chahal v. State of Punjab, (Punjab And Haryana)(DB) : Law Finder Doc id # 2947359
