DEEPAK GUPTA, MADAN B.LOKUR
M. C. Mehta – Appellant
Versus
Union of India – Respondent
JUDGMENT
Madan B. Lokur, J.
1. 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 (for short the PLP Act) 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.
2. Our answer to both the questions is in the affirmative. 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’ and has in fact been so treated for several decades by the State of Haryana. There is no reason to change or alter the factual or legal position. The construction activity carried out by the applicant R. Kant & Co. is clearly in violation of the notification dated 18th August, 1992 and in blatant defiance of orders passed by this C
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