Judgement of the Supreme Court of India regarding Kant Enclave constructions at Aravallis in Faridabad, Haryana, 11/09/2018

  • 12/09/2018

Judgement of the Supreme Court of India in the matter of M. C. Mehta Vs Union of India & Others dated 11/09/2018 regarding Kant Enclave constructions at Aravallis in Faridabad, Haryana. The principal question that arises in this batch of substantive applications is whether, in the State of Haryana, land notified under the provisions of the Punjab Land Preservation Act, 1900 is forest land or is required to be treated as forest land. If so, whether construction carried out by the applicant R. Kant & Co. on this land is in contravention of the notification dated 18th August, 1992 issued under the provisions of the PLP Act, the Forest (Conservation) Act, 1980 and decisions of this Court.  Supreme Court answered in the affirmative to both the questions.

Supreme Court Judgement states that the construction activity carried out by R. Kant & Co. is clearly in violation of the notification dated 18th August, 1992 and in blatant defiance of orders passed by this Court from time to time. The Apex Court further said that the Town & Country Planning Department of the State of Haryana has been supporting the illegalities of the applicant despite strong resistance from the Forest Department of the State of Haryana and thus the State of Haryana must be held accountable for its conflicting and self-destructive stand taken in spite of affidavits filed by the Chief Secretary of the State of Haryana from time to time supporting the Forest Department.

Supreme Court Judgement says that "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 18th August, 1992. All construction activity in Kant Enclave since that date is illegal and impermissible in law. Court further directs R. Kant & Co. to deposit ₹ 5 crore for rehabilitation of the damaged area of the Aravallis. Supreme Court also ordered ₹ 50 lakhs to be paid to those who constructed after 18th August, 1992 and whose construction is directed to be demolished. The quantified amount will be paid, in equal proportion, by R. Kant & Co. and the Town & Country Planning Department of the State of Haryana. The quantified amount is directed to be paid on or before 31st December, 2018.

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