Haryana
,
,
Gurugram
Published :
Mar 2019
|
Updated :
Haryana Government To Amend PLPA Act, Despite a Supreme Court Stay Order
Reported by
Damandeep Singh
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2019
Year started
30000
Land area affected
Households affected
People Affected
2019
Year started
30000
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

On March 1, 2019, the Supreme Court stayed the amendments to the 119yearold Punjab Land Preservation Act (PLPA), admonishing the Haryana government for passing the amendment bill in "sheer contempt of court". The apex court termed the government's move a "misadventure" and accused it of destroying forests. Environmentalists hailed the court's order while property owners and real estate developers objected to the verdict. According to a news report, the amended law, if passed, would legalise more than 100 farmhouses/banquet halls constructed on forestland in Faridabad. According to environmentalists, the implementation of the proposed amendments will lead to destruction of the forests affecting native trees and herbs, migratory birds and wildlife. A Hindustan Times report attributes experts as saying that this will "severely threaten water security in the National Capital Region, increase desertification from Rajasthan and exacerbate air pollution". According to the Forest Survey of India assessment of 2017, Haryana has the smallest forest cover in the country3.59 per cent of its geographical area. Neelam Ahluwalia of NGO Aravalli Bachao movement, told Times of India: "The government must consult with experts about the implications of the bill and withdraw the amendment which stands to benefit the real estate sector only. As of July 2021, while the bill is yet to be notified, protests against environmental degradation and with demands for the withdrawal of the controversial bill continue.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Demand for withdrawal of the bills amending the Punjab Land Preservation Act

Region Classification

Urban

Type of Land

Common

Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Damandeep Singh

Damandeep is a research scholar in the Department of Political Science, Panjab University, Chandigarh, and Assistant Professor (Political Science) in Trai Shatabdi Guru Gobind Singh Khalsa College, Amritsar. He is interested in understanding the politics of heritage and its impact on contemporary cityscapes. He has completed his Master’s in Political Science from Panjab University.

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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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