Gurgaon: More than three decades after Haryana Shehri Vikas Pradhikaran (HSVP) developed residential colonies and public infrastructure on forest land in Faridabad without obtaining mandatory central clearance, the process of compensating for the violation has begun.HSVP has deposited around Rs 52 crore, while the forest department is set to take possession of 135.5 hectares — twice the diverted area — in sectors 44 and 47 for compensatory afforestation.The diverted land now accommodates residential sectors, Gym Khana Club, green belts, tourism sites, service roads, institutional and college sites, a regional labour institute, fire station, water works, petrol pump and police station in sectors 21C-II, 21C-III, 44-47, 45 and 46 of Faridabad.Faridabad divisional forest officer Jhalkar Uyake told TOI, “The mutation of the land is pending at present. We have written letter to ensure that the land is transferred as per the norms. HSVP has deposited around Rs 52 crore. We are getting about 135 hectares of land in Sectors 44 and 47. Plantation will be carried out there and an inspection hut will also be constructed.”This comes after Centre granted in-principle approval for ex-post facto diversion of 67.6 hectares of Punjab Land Preservation Act (PLPA) land. The approval follows recommendations of an advisory committee under Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, which recorded that 67.6 hectares of land notified under Section 4 of Punjab Land Preservation Act had been diverted for non-forestry purposes between 1990 and 1994 without obtaining prior approval from central govt, as required under the forest law.The case is part of a larger exercise undertaken after Supreme Court’s directions on the status of PLPA land.According to the committee proceedings, Union environment ministry issued guidelines on Dec 29, 2023, directing states to process proposals involving non-forestry use of land notified under sections 4 and 5 of the PLPA and seek ex-post facto approval from Centre.The guidelines distinguish between projects approved before SC’s March 18, 2004 order, when PLPA land was first directed to be treated as forest for the purposes of Forest (Conservation) Act, and those approved afterwards, with the latter attracting additional penal charges.The proposal was initially submitted for ex-post facto approval of over 22 hectares. However, during scrutiny, the ministry sought additional information and the forest department informed it that the actual extent of diversion was 67.6 hectares, prompting the proposal to be revised.The committee noted that notices were issued by Faridabad DFO to HSVP in Dec 2022, following which the authority applied for ex-post facto approval.In its reply, HSVP argued that no individual officer could be held responsible because the developments had taken place at a time when the state’s understanding was that land notified under sections 4 and 5 of the PLPA was not treated as forest land.It further stated that the proposal had been submitted pursuant to SC’s July 21, 2022 order and ministry’s subsequent guidelines.A site inspection conducted by ministry’s regional office, Chandigarh, found that the proposal covered several existing residential developments and public infrastructure.The inspection report reiterated that the land had been diverted without prior forest clearance, making it a violation under Van (Sanrakshan Evam Samvardhan) Adhiniyam.While recommending in-principle approval, the advisory committee imposed several conditions.These include payment of five times the penal net present value (NPV) for those project components that received approvals after March 18, 2004, submission of an undertaking that no rights under Faridabad Master Plan would be exercised over the compensatory afforestation site, removal of a police post located within the proposed afforestation land and protection of the site through chain-link fencing to prevent future encroachments.The committee also directed state govt to survey mining pits that have turned into ponds within the proposed afforestation area to determine the actual land available for plantation.The committee observed that no tree felling is proposed under the present application. It also noted that the diversion area lies about 3.1 km from Asola Bhatti Wildlife Sanctuary and that no Schedule I wildlife species have been reported from the site.
