SC Asks Haryana Govt. Not To Act Under The PLPA Amendment Which Permits Constructions In Forest Areas

By LiveLaw News Network

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Let State Government not to act without permission of the Court under the Amendment Act.

The Supreme Court has asked the Haryana Government not to act under the Amendment made to Punjab Land Preservation Act, 1900.

The bench comprising Justice Arun Mishra and Justice Deepak Gupta were apprised of some amendments in the Punjab Land Preservation Act, 1900 permitting the construction in the forest area and PLPA region.

The bench was told that, even after the order was passed by the Apex court for removal of certain structures in Kant Enclave, the State of Haryana has made certain amendments in Punjab Land Preservation Act, 1900, in order to get rid of the said order.

The bench reportedly criticized the State for such a move. It observed that “It is really shocking.You are destroying the forest. It is not permissible. You are not supreme and supreme is the rule of law.”

The bench then posted the matter on Friday, 8th March 2019.

The Haryana Legislature had, last week, passed amendments to The Punjab Land Preservation Act, apparently opening up thousands of acres to real estate and other non-forest activity that were protected under it for over a century. As per PTI reports, the Chief Minister M L Khattar said the Punjab Land Preservation (Haryana Amendment) Bill, 2019, was the “need of the hour” saying as it was a “very old” act and much has changed over the period of time. The opposition parties had alleged that the bill had been brought by the government to favour the mining mafia and real estate developers by allowing construction in areas where it was previously disallowed, a charge rejected by the treasury benches. It is reported that the amendment would also grant legitimacy to the Kant Enclave in Faridabad, built on the PLPA-notified land.In September, last year, the bench headed by Madan B. Lokur had ordered the State of Haryana to demolish any construction made in Kant Enclave after 18th August, 1992. The bench had held that Kant Enclave is a forest or is a forest land or is required to be treated as a forest or forest land and absolutely no construction activity could have been permitted on it with effect from 18th August, 1992, the date of notification under Punjab Land Preservation Act, 1900.