IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 26.08.2025 Jaibir and another …….Petitioners Versus State of Haryana and others ...….Respondents CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present: Mr. Alok Jain, Advocate, for the petitioners.

Mr. Deepak Balyan, Addl. Advocate General, Haryana.

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SHEEL NAGU, CHIEF JUSTICE ( Oral )

1. The present petition has been filed by two petitioners, both brothers, who are residents of Village 335, Village Anangpur, Tehsil Badhkal, District Faridabad, aggrieved by the fact that the State authorities, while executing the directions issued by Apex Court in Civil Appeal No. 10294 of 2013, Narinder Singh and others Vs. Divesh Bhutani and others, decided on 21.07.2022, reported in (2023) 17 Supreme Court Cases 779, did not follow due process of law, as directed by Apex Court, since without affording any opportunity of being heard, demolition is taking place.

2. For ready reference and convenience, conclusive paragraphs of Apex Court decision (supra) are re-produced below :-

“100. Thus, we hold that the lands covered by the special orders issued under Section 4 of PLPA have all the trappings of forest lands within the meaning of Section 2 of the 1980 Forest Act and, therefore, the State Government or competent authority cannot permit its use for non-forest activities without the prior approval of the Central Government with effect from 25-10-1980. Prior permission of the Central Government is the quintessence to allow any change of user of forest or so to say deemed forest land. We may add here that even during the subsistence of the special orders under Section 4 of PLPA, with the approval of the Central Government, the State or a competent authority can grant permission for non-forest use. If such non-forest use is permitted in accordance with Section 2 of the 1980 Forest Act, to that extent, the restrictions imposed by the special orders under Section 4 of PLPA will not apply in view of the language used in the opening part of Section 2 of the 1980 Forest Act. We also clarify that only because there is a notification issued under Section 3 of PLPA, the land which is subject-matter of such notification, will not ipso facto become a forest land within the meaning of the 1980 Forest Act.

101. Therefore, the lands covered by the Special Orders dated 18-8-1992 issued under Section 4 of PLPA will be governed by the orders passed by this Court in the Petitions for Special Leave to Appeals (Civil) Nos. 7220-21 of 2017. Hence, all the authorities concerned 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 25-10-1980, without prior approval of the Central Government, and further to restore status quo ante including to undertake reforestation/afforestation programmes in right earnest. As far as the lands covered by special orders under Section 5 are concerned, we are not making any adjudication. Therefore, the authorities will have to decide the status of the lands covered by the said orders under Section 5 on case-to-case basis.

102. To avoid any prejudice to the affected persons, we direct that before the action of removal of the illegal structures and/or action of stopping non-forest activities is taken in respect of the lands covered by the Special Orders dated 18-8-1992 issued under Section 4 of PLPA, the competent authority concerned shall afford an opportunity of being heard to the affected persons and conclude such proceedings finally not later than three months from today and submit compliance report in that regard within the same time.

103. Writ Petitions (Civil) Nos. 1008 and 1031 of 2021 stand disposed of in the above terms. Civil Appeals Nos. 10294 of 2013, 8454 of 2014, 8173 of 2016 and 11000 of 2013 also stand disposed of in the above terms and the orders impugned passed by NGT sand modified accordingly