Punjab: NGT groups cases related to agriculture policy and illegal constructions in Shivalik

Punjab: In a new embarrassment for the Punjab government, a petition challenging the state’s farmhouse policy for the Lower Shivalik Hills has been merged with another petition alleging illegal construction on land removed from the protected category. This comes after the Green Tribunal granted an interim stay on the policy’s implementation until February 4. The state government’s policy allows the construction of “low-density housing,” or farmhouses, on delisted land.

55,000 Acres of Land Excluded from the Purview of the PLPA
The farmhouse policy, introduced last year, excluded approximately 55,000 acres of land from the purview of the Punjab Land Preservation Act (PLPA). The petition against the government’s move contended that it violated Supreme Court guidelines, which allow delisted land to be used only for agricultural purposes, while prohibiting commercial activities. The second case involved illegal construction on land adjacent to a forested area around Chandigarh, which is part of the Shivalik Range in the state. The NGT took cognizance of the matter following the report, “Punjab Forest Department raises concerns over construction around Chandigarh.” The report was published on September 8, 2024. In its communication to the Housing and Local Bodies Department, the NGT sought information on the violations reported by the Forest Department. The Forest Department has already filed its response regarding 182 illegal constructions in the delisted forest area. The Housing Department has also filed its response, informing the Tribunal about the action taken against illegal constructions around Chandigarh.
The petitioner alleges that Supreme Court guidelines have been violated.
Kapil Dev, who approached the Tribunal against the farmhouse policy, said that it was important to consolidate the cases to understand the gravity of the matter. Dev stated that the farmhouse policy violates Supreme Court directives that excluded land from the PLPA, benefiting influential individuals, including current politicians and retired bureaucrats. He asserted, “Approximately 55,000 hectares of forest land, rich in flora and fauna, has been excluded from the PLPA.” According to him, the court allowed delisting only for genuine agricultural use, while prohibiting commercial activity. Despite this, he argued that the new notification would be used to obtain commercial permissions. Previously, the Supreme Court’s Central Empowered Committee (CEC) had also sought information on the policy and specific areas of delisted land. Committee Chairman Siddhant Das wrote to Punjab Chief Secretary KAP Sinha, requesting information on the delisted areas and the relevant court orders.