Bill seeking to lift Aravali legal cover may be tabled today

GURUGRAM: The Haryana government is likely to table the bill amending the Punjab

Land

Preservation

Act

(

PLPA

) 1900, which gives protection to large portions of the

Aravali

foothills and the Shivaliks, in the assembly on Friday.


If the bill goes through, it will have major ramifications for NCR as the 118-year-old law will cease to apply in all of Gurugram and most of Faridabad, among other areas, lifting the

bar

on construction activity in thousands of acres that now come under PLPA, as TOI had reported on February 15.

According to the amendment bill — called Punjab Land Preservation (Haryana Amendment) Act, 2019 — areas included under any development plan and under the jurisdiction of municipal acts will be out of the ambit of PLPA. Moreover, land that is part of any infrastructure like railway, roads, canals, public institutions, government or public establishments will also go out of the purview of PLPA.

The state government has clearly stated that PLPA has taken away ownership rights permanently, thereby affecting livelihoods of people, and amendments, therefore, are necessary. “PLPA provides only for temporary and not permanent restrictions, regulations and prohibitions…,” states the bill, adding it had led to “large tracts under agriculture, public infrastructure, residential, institutional, commercial and other uses becoming liable to be considered as unauthorised activities”.

“Lakhs of dwelling units, commercial buildings, industrial units, public buildings and massive public infrastructure and agriculture activities over about one-fourth of the geographical area of the state are affected. Sale and purchase of such lands and immovable properties have become liable to be considered as

illegal

. Such unintended consequences adversely impacting livelihood of millions of citizens and need to be allayed and remedied (sic),” the bill adds.

Both opposition parties and environmentalists are protesting against the bill as they feel it will affect green cover, water bodies and environmentally sensitive areas in the state. Haryana has India’s lowest

forest

cover. KK Yadav, former chief town planner of Gurugram, said the bill could prove “disastrous” for the environment. “To serve the interest of a few wealthy land owners and politicians, the state government is ready to destroy precious forest cover. This is a disastrous step that is going to ruin not just the green cover but water bodies and ecology of the Aravalis and Shivaliks. This will ultimately affect the Himalayas as Shivaliks are foothills of the Himalayas.”

JJP spokesperson Prateek Somti told TOI, “Problems like pollution, deforestation and global warming call for protection of environment rather than destroying it. The Haryana government’s move to amend PLPA is an insensitive step towards the environment. It is clear that it is done at the behest of the real estate and mining lobby as denotified land will be used for the same purpose.”

Legal experts, however, feel lifting PLPA is not enough to open up Aravalis for construction. “Most areas under PLPA are also deemed forest (as per dictionary meaning). Therefore, according to the Supreme Court’s orders, they will remain forest. The major issue is that the Haryana government hasn’t yet completed identification of the forest that might lead to confusion if PLPA is lifted,” said advocate Rahul Choudhary.

Apart from the PLPA, Aravali land is protected under Aravali Notification and NCZ (natural conservation zone). While about 22,000 hectares in Aravalis (of south Haryana) is under PLPA; 62,000 hectares is NCZ and 12,800 hectares falls under ‘yet to be decided’ NCZ.