Diversion of 68ha protected Aravalli forest approved by env ministry

THe timber consultive citizens committee (FAC) of the unification surround ministry has approved, in principle, the ex-post facto forest clearance for diversion of 67.68 hectares of Aravalli forest areas notified and protected under section 4 of Punjab Land Preservation Act (PLPA) in Haryana’s Faridabad, according to people familiar with the matter.These forests have been encroached over the years, with developments in it including the Gymkhana club in Faridabad, Haryana, developed by the Haryana Urban Development Authority (renamed Haryana Shahari Vikas Pradhikaran or HSVP in 2017), a regional labour institute, fire and police stations.The Supreme Court in July 2022 ordered that all land covered by the special orders issued under Section 4 of the Punjab Land Preservation Act (PLPA) should be treated as forests and that the provisions of forest conservation act 1980 will apply to these -- ensuring that thousands of hectares of the Aravallis in Haryana would have to be treated as forests.According to the minutes of the FAC meeting held on December 2, and reviewed by HT, the proposal involves signing off on violations of the provisions of Forest (conservation) Act, 1980 over an area of 67.68 ha. This area was utilised for non-forestry purposes from 1990-1994 without any prior approval of the Union government under section 2 of Forest Conservation Act, and as also required by the 2022 Supreme Court judgement. The user agency Haryana Shahari Vikas Pradhikaran, Faridabad, has only now applied for ex post facto approval. The Haryana government has claimed that no individual officer can be held responsible for the projects.FAC was informed during the meeting that initially the proposal was submitted for ex-post facto approval of 22.35 ha, subsequently, the area for ex-post approval was increased to 67.68 ha by HSVP.In 2022, the Supreme Court held that “ in respect of the lands covered by special orders under section 4 of PLPA, the state government or authorities of the state can permit diversion to non-forest use only after prior approval of the central government.”It further directed that all the concerned authorities shall take action to remove the remaining illegal structures standing on land covered by the special orders and used for non-forest activities on the said lands erected after October 25, 1980, without prior approval of the central government, and that they would restore status quo ante. In 2019, the Haryana government to amend the Punjab Land Preservation Act (PLPA). The change involved excluding tracts of land included in the final development plans or town improvement plans from the ambit of the PLPA. The amendment was however stayed by SC.The FAC minutes state that the user agency has offered to double the degraded forest land for compensatory afforestation in village Mewla Maharajpur, Faridabad which will be notified as Protected Forest (PF) and transferred to the forest department. But this land is in a highly degraded state and the crown density is less than 40%, the minutes state.Crown density is the proportion of the ground covered by the crowns of trees, a measure of how dense the forests are.While recommending ex-post facto approval for these violations on PLPA area in Faridabad, the FAC directed that Haryana government would pay five times penal NPV (Net Present Value) for the extent of area wherein approval of component authority was issued after March 18, 2004 (when for the first time PLPA lands were directed to be treated as forest for the purposes of FC Act).Chetan Agarwal, a Gurugram-based forest analyst, said the post-factor diversion will benefit the rich and the middle class population. “...Because the government was the violator - but it penalises the poor as seen in the Khori Basti demolition of 100 acres in 2022. This can also open the way for other parties to first violate and then seek post facto approval. Instead of piecemeal clearances, a comprehensive forest restoration plan should be prepared clearly marking the all the remaining Aravallis for restoration and initiating the same before final approval is provided in this matter.”