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Supreme Court of India 2022-07-21 disposed

NARINDER SINGH & ORS vs DIVESH BHUTANI & ORS

Bench: 3 — A. M. Khanwilkar, Abhay S. Oka, C. T. Ravikumar

In Brief

The Supreme Court held that lands covered by special orders issued under Section 4 of the Punjab Land Preservation Act, 1900 are forest lands within the meaning of the Forest (Conservation) Act, 1980. Consequently, the state government cannot permit non-forest activities on such lands without prior approval from the central government. The court rejected arguments that PLPA merely addressed soil conservation; it recognized that preventing deforestation is integral to soil protection. The judgment clarified that Section 3 notifications do not automatically confer forest status, but Section 4 special orders indicate forest character through their subject matter. The court set a three-month deadline for authorities to hold hearings with affected parties before removing illegal structures. The 2019 amendments to PLPA were found potentially repugnant to the 1980 Forest Act.

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