LexB.S. SANDHU versus GOVERNMENT OF INDIA & ORS. & ETC.
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[2014] 6 S.C.R. 329 S.S. SANDHU v. GOVERNMENT OF INDIA & ORS. & ETC. (Civil Appeal Nos. 4682-4683 of 2005 & ETC). MAY 21, 2014. [A. K. PATNAIK AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] A 8 Punjab Land Preservation Act, 1900 - ss. 3, 4 and 5 - Forest (Conservation) Act, 1980 - Status of land - Forest land C or non-forest land - Allegation that appellant developed Golf Club in village 'K' in violation of environmental and forest laws, by changing the land use - Writ petition - High Court holding that land notified uls. 3 of the PLP Act and regulated by prohibitory directions notified u/s 4 and 5 of the PLP Act, D is 'forest land' - Direction issued to close down the club and demolish the illegal erected building - Correctness of - Held: Finding of the High Court not correct and set aside - Issue whether the land on which the Golf Club was situated was forest land as on 25. 10. 1980 irrespective of its classification E or ownership, is factual question - High Court should have decided on the basis of Government records as on 25. 10. 1980 and other materials filed before it - However, High Court instead decided the issue by reference to the provisions of the PLP Act, 1900 and the records of the Forest Department F in which the land was shown to be under the Forest Department because the land was closed under the PLP Act, 1900 decades before the enactment of the Forest (Conservation) Act, 1980 which was not correct- Forest. An issue arose with regard to the development of the G Forest Hill Golf and Country Club in village 'K', near Chandigarh by the appellant- proprietor/managing director of the Golf Club in violation of the environmental 329 H 330 SUPREME COURT REPORTS [2014] 6 S.C.R. A and forest laws as well as the orders passed by this Court. The Hig}1 Court held that the entire land of village 'K' notified u/s. 3 of the Punjab Land Preservation 1900 Act and regulated by the prohibitory directions notified u/ss. 4 and 5 of the PLP Act, is 'forest land' and attracts B the provisions of s. 2 of the Forest (Conservation) Act, 1980 if sought to be used for 'non-forest purpose'; that in the records of the Forest Department of the Government of Punjab, the entire land of village was shown to be 'forest land' and the entries in the revenue c record regarding the nature of the land were changed by the officers of the Revenue Department of the Government of Punjab at the behest of appellant; and that in T.N.Godavarman's case, this Court has defined the term 'forest land' occurring in Section 2 of the Forest 0 (Conservation) Act, 1980 to include not only 'forest' as understood in the dictionary sense, but also any area recorded as forest in the Government record irrespective of the ownership. The High Court directed the appellant. to immediately close down the 'Forest Hill Golf and E F Country Club and demolish' all the illegally erected buildings within a period of three months and to handover the 'management' and 'control' of the land in question to the State Forest Department. Hence, the instant appeals by the appellant, the agriculturists, house owners and shop owners of village and the union of farmers. Allowing the appeal, the Court HELD: 1.1. It will be clear from the language of Section 3 of the Punjab Land Preservation 1900 Act that for the better preservation and protection of any local G area, situated within or adjacent to Shivalik Mountait1 Range which is liable to be affected deboisment of forests in that range or by the action of "cho", such Government may by notification make a direction H accordingly. The expression "local area" has not been defined in the PLP Act, 1900 and may include not only B.S. SANDHU v. GOVERNMENT OF INDIA 331 'forest land' but also other land. In Section 4 of the PLP A Act, 1900 , the local Government was empowered by general or special order, temporarily or permanently to regulate, restrict or prohibit various activities mentioned in clauses (a), (b), (c), (d) , (e) , (f) and (g) thereof. A reading of these clauses would show that activities such as cultivation, pasturing of sheep and goats and erection of buildings by the inhabitants of towns and villages situated within the limits of the area notified under Section 3 can be regulated, restricted or prohibited by a general B or special order of the local Government. All these c activities are not normcllly carried on in forests·. Simila
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