NARINDER SINGH & ORS. versus DIVESH BHUTANI & ORS.

Parties

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1. 1 Whether land covered under a special order issued under Section 4 of the Punjab Land Preservation Act, 1900 is 'forest land' within the meaning of Section 2 of the Forest (Conservation) Act, 1980
2. 2 Whether a notification under Section 3 of PLPA ipso facto makes land a 'forest land' under the 1980 Act
3. 3 Effect of Punjab Land Preservation (Haryana Amendment) Act, 2019 on status of lands covered by Section 4 orders

Ratio Decidendi

Lands covered by special orders issued under Section 4 of the Punjab Land Preservation Act, 1900 have all the trappings of forest lands within the meaning of clauses (ii)–(iv) of Section 2 of the Forest (Conservation) Act, 1980; accordingly, the State Government or competent authority cannot permit their use for non-forest activities without prior approval of the Central Government (with effect from 25 October 1980); a mere notification under Section 3 of PLPA does not ipso facto make land a forest under the 1980 Act; lands subject to Section 4 special orders remain subject to Section 2 regardless of subsequent amendment attempts.

Court Disposition

Appeals and writ petitions disposed of with directions

Orders

• Lands covered by special orders dated 18 August 1992 under Section 4 of PLPA are forest lands within the meaning of Section 2 of the Forest (Conservation) Act, 1980 and cannot be used for non-forest activities without prior approval of the Central Government (effect from 25 October 1980)
• Authorities shall take action to remove remaining illegal structures used for non-forest activities on lands covered by the special orders and erected after 25 October 1980 without prior Central approval, and restore status quo ante including reforestation/afforestation