Latest news with #ForestConservationAct
Time of India
3 days ago
- Politics
- Time of India
HP govt to approach SC against HC order to axe fruit trees on encroached land
1 2 3 Shimla: The Himachal Pradesh govt has decided to file a special leave petition in the Supreme Court against the high court's directions to axe fruit-laden trees on the encroached forest land across the state. The state govt will also approach the Supreme Court seeking a change in the definition of forest land under the Forest Conservation Act (FCA), 1980, as even barren land is also considered forest land. Since most of the land in Himachal is forest land, the state govt is not able to give relief to the monsoon disaster affected people. Sharing the information on Saturday, minister for revenue, horticulture, and tribal affairs Jagat Singh Negi said the state govt was bound to follow the court orders of removing encroachments from the forest or govt land. However, the govt felt that apple-laden trees, many of which were more than 40 years old, should not be axed. Negi reasoned that axing thousands of such trees could be environmentally disastrous, especially during the ongoing monsoon season when the state is witnessing numerous cloudbursts and flash floods. A single full-grown apple tree has a big canopy and bears 30-40 apple boxes; it is not easy to dispose of such a large number of trees, he said, adding that the entire exercise of axing these trees mindlessly would result in soil erosion and might invite more disasters. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo "It is up to the state govt, after the vacation of encroachments from forest land, whether it gets the auction of these fruit trees or takes any other step," said Negi. In a meeting held Friday evening, the forest department and the advocate general's office have been directed to challenge the decision in the apex court at the earliest, the minister informed. On the question of giving relief to the small farmers having less than five bighas of land, Negi said it was not easy for the state govt to implement such a policy as most of the encroached land came under the forest department and was governed by the Forest Conservation Act (FCA), 1980. This is a very stringent law, and the state govt cannot give even an inch of the land to anyone without the central govt's consent, clarified the minister. The central govt only gives land for development works like the construction of roads, he said. The minister said the state govt had already urged the central govt to amend the FCA, but the amendment had not been carried out to date. Therefore, the state govt will also approach the Supreme Court seeking a change in the definition of forest land under the FCA. MSID:: 122784478 413 |
Time of India
4 days ago
- Politics
- Time of India
Chief minister Sukhvinder Singh Sukhu visits Jakhu temple, takes part in installation of ‘Hanuman dhwaja'
Shimla: Chief minister Sukhvinder Singh Sukhu on Friday offered prayers at the historic Jakhu temple here and took part in the installation ceremony of a 108-feet-high Hanuman dhwaja (flag) on the temple premises. Jakhu temple holds deep spiritual significance. It is a symbol of collective faith of the people, and is home to the tallest statue of Lord Hanuman, said Sukhu. A statue of Lord Ram is also being installed at the temple complex; however, certain procedural challenges related to the Forest Conservation Act (FCA) are being addressed to facilitate the installation, said the CM. "The state govt aims to improve basic amenities for devotees visiting Jakhu temple, including better parking, seating arrangements, and other facilities, while ensuring ecological balance," said Sukhu. Replying to a question, the CM said the state govt was working round-the-clock to provide relief and rehabilitation to the people affected by natural disasters, and even the leader of the opposition was in constant touch with him, as his constituency Seraj suffered extensive damages. Rest houses for public CM Sukhu on Friday said many govt rest houses were being made available to the general public at uniform rates through online bookings, and the remaining rest houses would be integrated with the online booking system soon. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You To Read in 2025 Blinkist: Warren Buffett's Reading List Undo He was addressing the mediapersons after inaugurating the newly constructed PWD rest house at Chhota Shimla with nine suites. Shimla: Chief minister Sukhvinder Singh Sukhu on Friday offered prayers at the historic Jakhu temple here and took part in the installation ceremony of a 108-feet-high Hanuman dhwaja (flag) on the temple premises. Jakhu temple holds deep spiritual significance. It is a symbol of collective faith of the people, and is home to the tallest statue of Lord Hanuman, said Sukhu. A statue of Lord Ram is also being installed at the temple complex; however, certain procedural challenges related to the Forest Conservation Act (FCA) are being addressed to facilitate the installation, said the CM. "The state govt aims to improve basic amenities for devotees visiting Jakhu temple, including better parking, seating arrangements, and other facilities, while ensuring ecological balance," said Sukhu. Replying to a question, the CM said the state govt was working round-the-clock to provide relief and rehabilitation to the people affected by natural disasters, and even the leader of the opposition was in constant touch with him, as his constituency Seraj suffered extensive damages. Rest houses for public CM Sukhu on Friday said many govt rest houses were being made available to the general public at uniform rates through online bookings, and the remaining rest houses would be integrated with the online booking system soon. He was addressing the mediapersons after inaugurating the newly constructed PWD rest house at Chhota Shimla with nine suites.
Time of India
4 days ago
- Time of India
Wanted cattle smuggler shot, arrested after encounter in Jaunpur
Varanasi: A wanted cattle smuggler with a bounty of Rs 25,000 was shot in the leg and arrested after an encounter with police in the Khutahan police station area of Jaunpur on Thursday night. The police also recovered a stolen motorcycle, a .315 bore country made pistol, a spent cartridge, a misfired cartridge, and Rs 700 in cash from his possession. According to reports, the police team led by inspector Jai Prakash Yadav caught the criminal identified as Kaleem of Ranimao village of the district. The encounter occurred at around 10.15pm on Thursday near Baranpur Bhata ahead of the Marhat bridge. The injured cattle smuggler was sent to CHC Khutahan for treatment and later referred to the district hospital for better care. According to police, a case was registered under various sections, including the Arms Act, and further legal proceedings are underway. He was wanted in 15 cases in Jaunpur, Ambedkarnagar and Azamgarh districts under various sections of BNS, Forest Conservation Act, Cow Slaughter Prevention Act, Animal Cruelty Act, and UP Gangsters Act.
Hindustan Times
6 days ago
- Politics
- Hindustan Times
Axe effect: Decoding the furore over felling of apple trees in Himachal
The ongoing felling of illegally grown apple trees on forest land in Himachal Pradesh has triggered a widespread outrage. While the high court has reiterated that all orchards grown on the encroached forest land shall be removed, apple growers have termed the move 'anti-farmer' stating that these orchards were planted decades ago and are a source of livelihood for thousands of families. HT takes a look at the genesis of the issue and its repercussions. The ongoing felling of illegally grown apple trees on forest land in Himachal Pradesh has triggered a widespread outrage. While the high court has reiterated that all orchards grown on the encroached forest land shall be removed, apple growers have termed the move 'anti-farmer' stating that these orchards were planted decades ago and are a source of livelihood for thousands of families. (HT Photo) What is the issue Historically, the Himachal economy has heavily relied on agriculture and horticulture. Many individuals and communities have expanded their agricultural land or planted orchards on forest lands, often due to small land holdings, limited land availability and the desire to improve their livelihood. The problem of encroachment stems from a confluence of factors, including historical land-use patterns, socio-economic pressures, legal complexities, and the challenges of enforcement and demarcation. From 1950 to 1980, a vast tract of land in Himachal was mentioned as 'shamlat' in revenue records. During this period, the government gave portions of this land to the landless to cultivate. In 1980, after the Forest Conservation Act was enforced, this entire 'shamlat' land was declared as forest land. However, as there was no proper demarcation of forest land, a significant portion was encroached upon by growers, especially apple farmers. The quantum of land encroached State horticulture minister Jagat Singh Negi, during the budget session, had informed the House that according to the government data, over 5,700 hectares of forest land lies encroached across the state. Of the 80,000 cases of encroachment, 10,000 had been cleared. Also, the count of encroachers in the state stands at 1.63 lakh. How the matter reached high court In 2014, Jubbal resident Krishna Chand Sarta wrote a letter to the then chief justice of the Himachal Pradesh high court giving names of influential people in Upper Shimla who had cut down trees in thousands of acres of forest land and developed apple orchards. The names and addresses of the alleged encroachers were mentioned in the letter. Sarta had pointed out that 2,800 bighas of forest land had been converted into orchards. It was also that permanent structures had been erected on forest land with electricity and water connections. What the high court said Treating the letter as public interest litigation, justice Rajiv Sharma and justice Tarlok Singh Chauhan in April 2015 issued strict orders to the government to free every inch of the land from encroachers. Then chief secretary, principal secretary, forest, secretary revenue department, principal chief conservator of forests, state electricity board and other departments were told to remove all encroachments from government forest land within six months. Apart from this, orders were also given to cut off electricity and water supply to the structures built on the encroached land. Special orders were also given to recover the cost of cutting apple plants and crops from the encroachers. On HC directives, the state government filed an affidavit in July 2015 in which it was pointed out most of the encroachments of the forest land was in Shimla district followed by Kullu. The report also revealed as many as 2,526 FIRs were registered in such cases. A 2018 report filed by the government stated that 2,522 encroachment cases were presented before judicial magistrates. Also, 1,811 cases were filed before different forest officers and eviction orders were passed in 1,416. In subsequent hearings, strict orders were passed by the high court to remove encroachment but nothing moved on the ground. Upset over inaction, the high court in 2018 gave the responsibility to two female administrative officers to free more than 2,800 bighas of encroached land. Then the court issued orders to the registrar general to immediately contact the Indian Army (Commanding Officer of 133 Battalion in Kufri near Shimla) to remove illegal encroachment from government forest land. The court also ordered the then Shimla DC o to provide trained staff to the members of the special team and the Eco Task Force to ensure that encroachments are removed easily. Policy to regularise illegal encroachments When the HC initiated action to remove the forest land encroachments, protests started under the banner of Kisan Sabha in 2016. The then Congress government, led by Virbhadra Singh, initiated the process (2016) of bringing a policy to regularise the encroachment on government land up to 10 bighas. Prior to this, in 2002, PK Dhumal-led BJP government had initiated the process to regularise the encroachments up to five bighas. However, the things did not move further. The Virbhadra government submitted before the HC that it was planning to bring a policy to regularise the encroachment on forest and government land up to five bighas on humanitarian ground. It had also submitted that the draft of the policy had been framed under a relevant Act, which said that the policy would cover beneficiaries prior to August 28, 2015. On April 12, 2017, the HC gave approval to the state government for such a policy. However, the policy never saw the light of day. After assuming power in 2017, the BJP government led by Jai Ram Thakur claimed it had removed '13 big encroachers' from forest land. However, the growers came back and occupied the land again. The HP govt stance In June 2024, the high court asked the government to disclose the type of land that has been encroached upon. The current Congress government, led by Sukhvinder Singh Sukhu, told the high court on June 19, 2025, that it does not have any plan to bring a policy to regularise the illegal occupation of five or 10 bighas of government land. The high court then asked the state government to immediately clear the encroachments. On July 2, the state government told court that the felling of apples trees on forest land has started. What next According to legal experts, the state government does not have many options. 'As the order has been passed to clear the land of all encroachments, the government will have to get the land vacated,' said senior advocate Sanjeev Bhushan. 'The state government had filed an application in the high Court to temporarily halt the cutting of apple trees until the harvest is completed, but the court turned it down. So, the state has no choice but to comply with the court's final directive,' said horticulture minister Negi. 'We had passed a resolution in the assembly after the 2023 flood damage, requesting the Centre to amend the Forest Conservation Act, 1980. Many families lost homes and land. These people have been living there for generations. They should be advised to explore their rights under the Forest Rights Act (FRA),' he added. 'The state government's options are limited as it can't make any policy with regards to forest land. Any amendment or relaxation has to be done by the central government,' said Anup Rattan, HP advocate general. According to former Theog MLA and senior CPI (M) leader Rakeh Singha, the government should first ensure land demarcation. 'We are not against forests. But forest conservation cannot come at the cost of destroying livelihoods. What we demand is justice, land demarcation and protection, and not bulldozers and axe-wielding forest officials,' he added.
Time of India
14-07-2025
- Business
- Time of India
Penalty burden eases on private university that built campus illegally in Aravalis
Gurgaon: The penalty on a private university for using over 13 hectares of protected forest land in Faridabad without full permission is likely to come down sharply after the Centre decided to apply its new, relaxed rules in the case. Tired of too many ads? go ad free now The Aravali land, located along the Badkhal-Surajkund Road, was protected under Punjab Land Preservation Act (PLPA), 1900. The university — Manav Rachna International Institute of Research and Studies (MRIIRS) — used this land for construction before getting prior clearance, as mandated, under the Forest Conservation Act, 1980. But after the FCA was amended in 2023, the campus became among the first to get post facto approval. During a meeting on June 12, the Union environment ministry's advisory committee recommended applying the 2023 forest rules for calculating the fine, replacing the stricter 2019 guidelines. Under the 2019 guidelines, the penal Net Present Value (NPV) — a form of financial compensation — was calculated from the actual date the forest land was used, with an additional 12% simple interest for each year of violation until payment was made. This meant that if an agency began using the land without formal clearance in 2019, it would incur a penalty for each subsequent year, significantly increasing the financial burden. However, under the revised 2023 guidelines, the Union environment ministry introduced a key change — penal interest would now be applied only from the date the penalty demand was officially raised, not from the date of the original violation. Tired of too many ads? go ad free now This adjustment substantially reduces the total payable amount in delayed cases. After this change was implemented, the Haryana govt sought clarification from the Centre on which set of rules should apply to the Manav Rachna forest diversion case, where the land was used before final approvals were granted. The state govt specifically enquired if the stricter 2019 rules or more lenient 2023 norms should govern the calculation of the penal NPV — a decision with financial implications. This query was a focal point in the June 2025 meeting of the forest advisory committee, where the ministry reaffirmed its Nov 2024 clarification in favour of applying the 2023 norms. Approval & penalty reduction: The Centre had granted in-principle approval for the land diversion on Dec 29, 2023, but also flagged that the university violated forest norms by starting work prematurely. The main query was how much the varsity should pay as a penalty (NPV) for using forest land without permission. This recommendation was made because construction of the university began in 1991, well before the 1996 cut-off date. Last year, Parliament revised the Forest Conservation Act (FCA), stating if construction occurred prior to Dec 12, 1996, the Act would not be applicable. Under the 2019 rules, the penalty would have been calculated from the year the land was first used — potentially as early as 2019 or 2020 — and would include 12% annual interest, resulting in a total fine of approximately ₹20 crore. However, under the new 2023 rules, interest is counted only from the date the fine was officially demanded, reducing the fine by 2.5 times — around 60% less than what the institute would have paid earlier. Activists flag green concerns: While the move provides relief to the university, it has raised concerns among environmental activists. They argued that it could encourage more illegal use of protected land, particularly in fragile zones like Aravalis. Former forest conservator (south Haryana) RP Balwan criticised the decision, stating it violates the Supreme Court orders from 2008 and 2019, which prohibit construction in the Aravalis. "The Centre, too, has acknowledged the protected status of Aravali land earlier. In 2008 and 2009, reports by the Central Empowered Committee (CEC), which guides the govt on key decisions, said the entire Aravali region of Gurgaon and Faridabad are prohibited zones under FCA and construction can only be allowed to install power lines and build village link roads. So, entertaining the FCA case is wrong, forget about reducing penalties," said Balwan. Activists also said reducing the penalty by 2.5 times sends a message that violations can be rectified with money, weakening forest land protection. Chetan Agarwal, a forest analyst, said, "The land in question is village Shamlat common land that appears to have been dubiously privatised. The govt should restore the land to the gram panchayat or Faridabad corporation in line with SC judgments in Jagpal Singh v. State of Punjab (2012) and Jai Singh v. State of Haryana (2022) and take possession of the buildings in public interest." He proposed that any forest clearance granted to Manav Rachna University should be provisional, subject to the outcome of ongoing or future ownership cases. What's next? Before receiving the final clearance, the university must fulfil several conditions. It should plant trees on an equivalent area of non-forest land (14ha), repair damage on 0.19 ha of encroached land, properly mark the diverted land with boundary pillars and comply with the Forest Rights Act and Environment Protection Act. Till these requirements aren't met, the land cannot be legally transferred to the varsity.
