Gurgaon: The Kant Enclave forest diversion proposal is moving ahead.On Sept 14, the project screening committee (PSC) considered the proposal and decided that it could be forwarded to the competent authority after some pending documents are submitted.But the 159.2-hectare-plot matter can proceed in the clearance process only if Centre grants an exemption from rules governing residential projects on forest land.The area in the Aravali hills of Faridabad — notified under Special Section 4 of Punjab Land Preservation Act (PLPA), 1900 — has been described as “forest” by Supreme Court.The proposal — submitted by Dipank Sharma for R Kant & Co — involves diversion of 159.2 hectares of privately owned land in Anangpur for an existing project: Film Studios and Allied Complex.The PSC has sought several documents before the proposal can move ahead. These include revised details of the compensatory afforestation site, KML files (geographic data), DGPS maps, topographical sheets and revenue records for sites in Sirsa district.Faridabad divisional forest officer (DFO) has also been asked to revise Part-II of the proposal and the compensatory afforestation scheme and obtain a suitability certificate from Sirsa DFO.The committee also sought a Feb 26, 2024 letter from district registrar of societies, Faridabad, relating to partnership issues involving the company.However, it made the next step subject to an exemption from specified provisions of the 2023 forest guidelines.Forest analyst Chetan Agarwal told TOI, “The Kant Enclave project is a litmus case for protection of the Aravallis and its forests. An area notified under Section 4/5 of the PLPA that precluded breaking of land, since the 1940s, it was held to be forest by SC in separate judgements in 2008, 2018, and 2022 which called for removal of any construction. Forest Conservation Act clearance is meant to be for site specific projects which have to be done in the forest, e.g. a road crossing a forest area. A real estate project is not site specific and serves private commercial interest, not public purpose. It remains to be seen how the state of Haryana justifies forwarding this project for clearance, and how the MoEF treats the same.”The development comes seven years after Supreme Court ordered demolition of structures at Kant Enclave. The structures were demolished in 2019.TOI had reported in Dec 2023 that the Kant Enclave site formed part of a leopard corridor and that the wildlife department had raised concerns over the proposed development on the forested Aravali land.The forest rules say residential colonies and other similar projects are generally not allowed on forest land because they are not tied to a specific need to use forest land. In exceptional cases, residential projects of up to one hectare can be considered by the environment ministry with proper justification. Kant Enclave proposal is much larger than the one-hectare limit mentioned in the guidelines.The proposal will also remain subject to the Feb 26, 2024, order of district registrar of societies and court orders in Kant Enclave case and similar matters. The latest decision does not amount to forest clearance. The proposal still has to meet the pending requirements and obtain the exemption before it can move to the next stage.
