NARINDER SINGH & ORS. versus DIVESH BHUTANI & ORS.

Citation: [2022] 15 S.C.R. 1066 · Decided: 21-07-2022 · Supreme Court of India · Bench: A.M. KHANWILKAR · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 15 S.C.R.
   [2022] 15 S.C.R. 1066
1066
NARINDER SINGH & ORS.
v.
DIVESH BHUTANI & ORS.
(Civil Appeal No. 10294 of 2013)
JULY 21, 2022
[A. M. KHANWILKAR, ABHAY S. OKA AND
C. T. RAVIKUMAR, JJ.]
Forest (Conservation) Act, 1980 – s.2 – Punjab Land
Preservation Act, 1900 [As amended by Punjab land preservation
(Haryana Amendment) Act, 2019] – s.4 – Forest Act, 1927 – Whether
a land covered under a special order issued by the State Government
u/s. 4 of the PLPA is a ‘forest land’ within the meaning of the 1980
Forest Act – Held: The lands covered by the special orders issued
u/s. 4 of PLPA have all the trappings of forest lands within the
meaning of s.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 w.e.f. 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 – Even during the subsistence
of the special orders u/s. 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 s.2 of the 1980 Forest Act, to that extent, the restrictions imposed
by the special orders u/s. 4 of PLPA will not apply in view of the
language used in the opening part of s.2 of the 1980 Forest Act – It
is also clarified that only because there is a notification issued u/s.
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.
Disposing of the appeals and writ petitions, the Court
HELD: 1. The various restrictions, regulations and
prohibitions in different clauses in Section 4 of Punjab Land
Preservation Act, 1900 (PLPA) can be invoked necessarily in
respect of forest lands. Whereas, Section 3 of PLPA contemplates
the issuance of a general notification in respect of any area subject
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to erosion or likely to become liable to erosion when it appears
to the State Government that it is desirable to provide for the
conservation of sub-soil water or the prevention of erosion. As
noted earlier, one of the objectives of PLPA is to prevent erosion
of land which may be caused due to deforestation. When the State
Government is satisfied that as a result of deforestation or
impending deforestation, erosion of a particular area out of the
area notified under Section 3 is likely to take place, the State
Government may exercise the power under Section 4 by issuing
a special order. The reason is that the measures provided in
Section 4 are intended to prevent deforestation of a forest area.
Section 3 of PLPA contemplates the issuance of a notification in
respect of a larger area when it is desirable to provide for the
conservation of sub-soil water or prevention of erosion. When
the State Government is satisfied that deforestation of a forest
area forming part of a larger area notified under Section 3 is likely
to lead to erosion of soil, the power under Section 4 can be
exercised. Therefore, it follows that the specific land in respect
of which a special order under section 4 of PLPA has been issued
will have all the trappings of a forest governed by clauses (ii) to
(iv) of Section 2 of the 1980 Forest Act. Therefore, in respect of
the lands covered by special orders under Section 4 of PLPA,
the State Government or authorities of the State can permit
diversion to non-forest use only after prior approval of the Central
Government is granted in accordance with Section 2 of the 1980
Forest Act. [Para 47][1104-A-F]
2. Clause (a) of Section 5 of PLPA provides for restricting
or prohibiting the cultivation of any land ordinarily under
cultivation prior to the publication of the notification under Section
3. However, the power under Section 5 to restrict or prohibit can
be exercised in a case where prior to the publication of the
notification under Section 3, quarrying of any stone or the burning
of any lime was being made. Thus, there is a marked difference
between the language used in Section 4 and that in Section 5 of
PLPA. However, as noted earlier, it is not necessary to decide
the issue whether a land forming a part of a special notification
under Section 5 of PLPA ipso facto becomes a forest under the
1980 Forest Act. [Para 48][1104-F-H]
NARINDER SINGH 

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