Regularisation of structures on PLPA land: HSVP sectors among 30 odd proposals pending

About 30 proposals seeking ex-post facto approval of the central government are currently pending and under process for regularisation of structures built on Punjab Land Preservation Act protected land in Faridabad. The Supreme Court in its July 2022 judgment had held that the land covered by the special orders issued under Section 4 of the PLPA has all the protection allowed to forest land within the meaning of Section 2 of the Forest Conservation Act, 1980 and, therefore the state government cannot permit their use for non-forest activities without the prior approval of the central government with effect from October 25, 1980. The state government in a February 3, 2023, communication had sought specific relaxations in para 1.15 of Forest Conservation Act guidelines from the Union ministry of environment, forest and climate change stating that relaxation for conditions related to non-specific projects be granted for Faridabad cases so that as one time measure such cases can be considered for post-facto approval under the law and rules made thereunder. The communications said proposals related to lands where the approval by the competent authority for the project has been granted competent authority in conformity with the applicable land or housing laws or development plan of the area either before or after issuance of special order under Section 4 of the PLPA but prior to Supreme Court’s order of March 18, 2004 shall be considered for ex-post facto approval subject to payment of normal NPV and compensatory afforestation and other relevant conditions.