Haryana clears bill that will lift Aravalli building restriction

Move could further reduce forest cover in the state

NEW DELHI: The Punjab Land Preservation Act (PLPA) amendment bill, 2019, passed by the Haryana assembly on Wednesday, will remove the legislative protection the Aravallis in Gurugram and Faridabad currently receive against real estate development, and mining and quarrying, in a move that environmental activists say will have huge consequences.

It also exposes large stretches of the Shivaliks in the north of Haryana to development and quarrying, further reducing forest cover in a state that already has the least, 3.59%, in the country.

The changes in the law will also have major implications for Delhi, which is already battling severe air pollution. The Aravallis in south Haryana act as a barrier against dust intrusion from Rajasthan and a large groundwater recharge zone for the entire National Capital Region (NCR) centred on Delhi.

Section 3 (A) of the act states that provisions of PLPA will not apply to land included in the final development plans of urban areas — the Gurugram Metropolitan Development Authority Act, Faridabad Metropolitan Development Authority Act 2018, the Haryana Municipal Corporation Act 1994, and other such.

Under section 4 and 5 of PLPA before its amendment, the felling of trees, quarrying, and cultivation or breaking up of land was prohibited in areas listed under PLPA. The legislation was initially enacted to save the Aravallis and Shivaliks from soil erosion.

But following the amendment on Wednesday, all of these areas, including some 38 villages and 17,000 acres of Aravalli land in Gurugram, and 17 villages and 10,450 acres of the Aravallis in Faridabad, will be exposed to quarrying and real estate development. About 10,000 acres of the Shivaliks in Panchkula will also lose protection. Another change means that the Haryana government will now have the power to amend or rescind any notification or order made under the provisions of the Act, giving it the power to exempt certain areas from the ambit of the Act if it has caused undue hardship to some people in the area.

“The amendment of this bill is effectively a repeal of PLPA because if the amendments become law then all previous PLPA notifications will be null and void in urban areas; further no new notification can be made in urban areas as the provisions of the act will not apply. The major beneficiaries of this move will be the people holding large land banks in Aravalli areas. It is pertinent to note that virtually the entire Aravallis in south Haryana will be lost,” said Chetan Agarwal, a Gurugram-based environmental activist. He added that virtually no legal (notified in government records) forest areas will be left in the Aravallis in Haryana.

AMONG AREAS TO BE AFFECTED BY THE MOVE ARE MANGAR BANI (A SACRED GROVE AND ITS SURROUNDING FORESTS, PERHAPS THE SOLE SURVIVING STRETCH OF THE REGION’S ORIGINAL FORESTS)

Among areas of ecological importance to be affected by the amendment are Mangar Bani (a sacred grove and its surrounding forests, perhaps the sole surviving stretch of the region’s original forests), Badhkal and Surajkund catchments in Faridabad, and the entire Golf Course stretch of the Aravalli foothills in Gurugram.

“The Aravallis are the oldest fold mountains, about 3 billion years old. The landscape and soil here is all because of the mountains. Aravalis in south Haryana are also the biggest wilderness patch in NCR; we have great diversity of wildlife—leopards, hyenas, pangolins, porcupines, more than 300 species of birds, over 300 plant species. What is at stake is an air pollution sink and massive water recharge zone. Close to 80% of the Aravallis have been privatized, only PLPA was protecting it; now even that is gone,” said naturalist, Vijay Dhasmana.

Haryana is also yet to implement the Supreme Court’s TN Godavarman and Lafarge judgments pertaining to forest issues in 1996 and 2011 respectively. The judgments said that irrespective of whether an area is a forest as per revenue records or not, it will be covered by the Forest Conservation Act, 1980, and the area cannot be used for any non-forestry activity without the Centre’s permission if it meets the dictionary meaning of the word forest.

Another change means that the Haryana government will now have the power to amend or rescind any notification or order made under the provisions of the Act, giving it the power to exempt certain areas from the ambit of the Act if it has caused undue hardship to some people in the area.

“The amendment of this bill is effectively a repeal of PLPA because if the amendments become law then all previous PLPA notifications will be null and void in urban areas; further no new notification can be made in urban areas as the provisions of the act will not apply. The major beneficiaries of this move will be the people holding large land banks in Aravalli areas. It is pertinent to note that virtually the entire Aravallis in south Haryana will be lost,” said Chetan Agarwal, a Gurugram-based environmental activist. He added that virtually no legal (notified in government records) forest areas will be left in the Aravallis in Haryana.

Among areas of ecological importance to be affected by the amendment are Mangar Bani (a sacred grove and its surrounding forests, perhaps the sole surviving stretch of the region’s original forests), Badhkal and Surajkund catchments in Faridabad, and the entire Golf Course stretch of the Aravalli foothills in Gurugram.

“The Aravallis are the oldest fold mountains, about 3 billion years old. The landscape and soil here is all because of the mountains. Aravalis in south Haryana are also the biggest wilderness patch in NCR; we have great diversity of wildlife—leopards, hyenas, pangolins, porcupines, more than 300 species of birds, over 300 plant species. What is at stake is an air pollution sink and massive water recharge zone. Close to 80% of the Aravallis have been privatised, only PLPA was protecting it; now even that is gone,” said naturalist, Vijay Dhasmana.

Haryana is also yet to implement the Supreme Court’s TN Godavarman and Lafarge judgments pertaining to forest issues in 1996 and 2011 respectively. The judgments said that irrespective of whether an area is a forest as per revenue records or not, it will be covered by the Forest Conservation Act, 1980, and the area cannot be used for any non-forestry activity without the Centre’s permission if it meets the dictionary meaning of the word forest.

The legislative changes will have major implications for Delhi, which is already battling severe air pollution

Why Aravallis are important ?

Large recharge zone for groundwater in NCR Reduce desertification, mitigate air pollution Watershed for nullahs and lakes such as Damdama, Dhauj, Badkhal, Surajkund Forms vital wildlife habitat and corridor between Asola Bhatti in Delhi and Sariska in Rajasthan Habitat for over 300 bird species, Rich assemblage of mammals, including leopards, hyena, jackals, neelgai, mongoose, civet cats etc.

Why Shivaliks are important ?

Extending from Punjab to Nepal, Shivaliks are fragile and extremely prone to erosion

Are rich in biodiversity; known for Dhawda, Arjun, Jamun, Bhormal trees are relatively young geological feature in region.

Change in law leaves Aravallis in peril

PLPA AMENDMENT ACT Haryana Assembly passed the PLPA Amendment Bill amid uproar by Opposition. The new law opens thousands of acres of forest land for construction, mining

CHANDIGARH: The Haryana assembly on Wednesday passed an amendment to the Punjab Land Preservation Act 1900 (PLPA), opening thousands of acres of land under the Aravallis and Shivalik ranges for real estate development and mining ,which could be a major threat to the environment and ecology in Delhi-NCR. The amended law will exclude tracts of land included in the final development plans or town improvement plans from the ambit of the PLPA. The amendment will be applicable with retrospective as well prospective effect.

The amended law will also grant legitimacy to Kant Enclave in Faridabad, which was built on PLPA notified land and was ordered to be demolished by the Supreme Court. The apex court had then said, “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 August 18, 1992. Any and all construction activity in Kant Enclave since that date is illegal and impermissible in law.”

The amendment was passed amid uproar in the House with the opposition Congress and Indian National Lok Dal (INLD) legislators demanding that the bill be sent to an assembly committee for re-examination.

However, finance minister Capt Abhimanyu said the Congress MLAs were leveling false and baseless allegations against the government. “Can you specify the provision in the amendment bill to which you are objecting to? I would like to know which provisions of the bill will affect the biodiversity and reduce the forest cover,’’ the finance minister asked. Haryana chief minister Manohar Lal Khattar said the PLPA was framed in 1900 and needed modifications in view of the changed situations.

As soon as the amendment bill was introduced by the forests minister Rao Narbir Singh in the House, INLD MLA Parminder Dhull questioned the intention of the state government.

“What is the hidden agenda behind bringing this amendment bill. And why is this law being amended from retrospective affect? This is quite bizarre. It is a sure way to destroy the Aravallis,’’ Dhull said. The MLA said the Supreme Court orders barred de-notification of forest areas.

The chief minister, however, assured the House that there was no wrong intention behind the amendment bill.

“And if one believes there is any wrong intent, then one can challenge it in a court of law,’’ Khattar said.

Fending for forests

Environmentalists have warned that denotifying forest land in Haryana will have huge implications for pollution and water availability in Delhi-NCR

What is PLPA?

The Punjab Land Preservation Act (PLPA) was enacted in 1900 to save the soil from erosion.

It is applicable to all of Punjab and Haryana.

Certain activities, including construction, are barred in areas of northern Haryana along the Shivalik hills which are prone to soil erosion due to water flow, and also in the rugged terrain of southern and western Haryana which are prone to erosion both by air and water

About 25,000 hecatres of Aravallis in south Haryana fall under PLPA

Land under PLPA accounts for almost a fourth of the total land area of the state Haryana has the lowest forest cover (3.59%) in the country

Impact on Gurugram and Faridabad

Gurugram is set to lose 17,000 acres of Aravali land earlier notified under PLPA, Faridabad likely to lose over 10,000 acres of Aravalis following the amendment.

Implications for Delhi

The amendment will have major implications for Delhi, which is already battling severe air pollution. The Aravallis in south Haryana act as a barrier against dust intrusion from Rajasthan and a large groundwater recharge zone for entire NCR

What the amendment aims to do ?

The change involves excluding tracts of land included in the final development plans or town improvement plans from the ambit of the PLPA

What the government says ?

Lakhs of dwelling units, commercial buildings, industrial units, public buildings, massive public infrastructure and agriculture activities over about one-fourth (about 11,000 sq km) of the geographical area of the state are affected (by PLPA).

Why Aravallis of Ggm and Faridabad important ?

Large and effective recharge zone for groundwater in NCR.

Reduce desertification and mitigate air pollution.

Watershed for nullahs and lakes such as Damdama, Dhauj, Badkhal, Surajkund Form a critical wildlife habitat and corridor between Asola Bhatti sanctuary in Delhi and Sariska in Rajasthan.

Habitat for over 300 bird species including woodland and migratory birds

Rich assemblage of mammals, including leopards, hyena, jackals, neelgai, mongoose, civet cats and others.

Has sacred spaces for locals such as Mangar Bani sacred grove.

Why Shivaliks are important ?

They are relatively younger geological feature in the outer Himalayas compared to Aravali ranges which are the oldest.

Shivaliks extending from Punjab to Nepal are fragile and extremely prone to erosion impacting downstream agriculture.

Shivaliks are rich in biodiversity, they are known for Dhawda, Arjun, Jamun, Bhormal trees.

Amendment nullifies efforts to protect Haryana forest areas

GURUGRAM: On September 11 last year, the Supreme Court ordered the demolition of Kant Enclave, a residential colony n Faridabad, on grounds that it was built on “forest land”. The judgment was celebrated by environmentalists, who called it a milestone in a years-long legal battle to protect the Aravalli range in Haryana, which has been denuded by real estate and mining activities over the last two decades, often with the sanction of the state.

In Faridabad, locals consider the Mangar Bani, a part of the Aravalli forest area, sacred.

“The Kant Enclave judgment was first time that the Supreme Court directly held the Haryana government responsible for environmental degradation in the Aravallis because of real estate activity, and also sought action against those responsible, including state officials,” said Sarvadaman Oberoi, a citybased activist. Most significantly, the apex court upheld what environmentalists like Oberoi have maintained for years, that the Aravallis in Haryana are forests, and should be protected under the Forest Conservation Act of 1980.

THE LAW

Underlining this claim, and the apex court’s decision, is a colonial-era law known as the PLPA, implemented in 1900 and meant – as the name suggests – to ‘preserve’ land in undivided Punjab. The Act did this by curbing certain activities, like the felling of trees for timber, quarrying for rocks, agriculture, herding and other pastoral preoccupations, on land notified under the PLPA.

“Any human intervention which could alter the structural complexity of the ecosystem was prohibited, as it could affect availability of sub-surface water, alter the landscape, lead to biodiversity loss and other unpredictable consequences. The British realized this,” said Pia Sethi, a senior fellow at The Energy Research Institute, Delhi. Oberoi, who has studied the history of the Act, added that it was initially meant for protection of the Shivalik hills, and that the Aravallis were brought under its purview in the 1950s. In a modern reading of the PLPA, its prohibitions extend to constructions such as Kant Enclave, which is built on PLPA notified land in the Aravallis in Faridabad.

In its September 11 judgment, the SC said, “We have no doubt that land notified by the State of Haryana under the provisions of the PLP Act must be treated as ‘forest’ and ‘forest land’.” Now, six months later, with the state government’s amendment to the 119-year-old law, environmentalists fear that the SC’s seminal judgment, and the arduous legal battle to protect the Aravallis, will have been for nought.

WHY IS IT ‘FOREST LAND’

Since 1927, India has enacted two major laws to protect its forests. These are the Forest Act, 1927, which was superseded after independence by the Forest Conservation Act. Environmentalists believe that, in an ideal world, all the Aravallis in Haryana should have been notified under the latter, when it was enacted in 1980.

“However, this could not be done as PLPA lands have traditionally been owned by panchayats. To be notified as protected or reserve forests, the land cannot be owned by anyone. This is one of the main reasons why PLPA lands in Gurugram and Faridabad were not brought into the ambit of the FCA,” explained a city administration official.

In the absence of protection under the FCA, lawyers and environmentalists have spent decades in convincing the apex court that PLPA lands are just as ecologically sensitive, even if their ownership histories do not align with the criteria required by ‘protected’ or ‘reserved’ forests. This legal history goes back decades, traverses multiple cases, and has drawn on the court’s wisdom in other landmark judgments relating to the environment, such as the Lafarge, Godavarman and MC Mehta cases. It culminated in the Kant Enclave verdict, which was unequivocal in its understanding of the relation between the Forest Conservation Act and the PLPA.

IMPLICATIONS

Activists say that the amended PLPA Act will effectively allow Haryana to subvert Supreme Court decisions that support protection of forest areas.

“This is the exact opposite of what governments should be doing with land that is forest, in a state which has the least forest cover in the country,” said Sunil Harsana, a conservationist from Mangar village in Faridabad. According to a 2011 survey by Wildlife Institute of India, Haryana has only 3.59% of forest cover, the least in the country. “The amendment will pave the way for many other violations like Kant Enclave which will eat into this limited forest area, only this time they will be legal,” Harsana added.

According to RP Balwan, former conservator of forests, “The forest department has been trying to convince the government and the Supreme Court for years that these lands are extremely significant.” He added that Haryana forest department itself has on multiple counts recorded PLPA land as forest land, but now “seems to be out of the loop ”. Vinod Saxena, principal chief conservator of forests, confirmed that his department had not received a copy of the 2019 draft amendment bill, and was not consulted.

Ritwik Dutta, an environmental lawyer, says that this goes against the grain of good governance. “While it doesn’t necessarily make the amendment illegal, it raises doubts as to why there was no inter-departmental co-ordination on the issue, especially as the Supreme Court says these lands are forests. This implies that the forest department does have a say in these matters and should have been consulted.”

When Haryana government, intermittently sought to exclude these lands from the PLPA, the court “declined to permit the state of Haryana to do a somersault and contend that land closed under the PLPA Act is not forest”.