No Construction Or Excavation Activity Can Be Permitted On Land Earmarked For 'Social Forestry': Madhya Pradesh High Court

The Madhya Pradesh High Court has dismissed a writ petition challenging the cancellation of a No Objection Certificate (NOC) granted for operating a stone-cutting plant on land allegedly earmarked for social forestry.

A bench of Justice Anand Pathak upheld the decision of the Sub-Divisional Officer (SDO), Forest, Ghatigaon, to cancel the NOC, emphasizing that the land in question was designated as forest land for plantation purposes.

The case revolved around a plot of land measuring 0.209 hectares in Mohna, Tehsil Ghatigaon, District Gwalior, which the petitioner purchased in 2005. Following the purchase, Smt. Neeraj Vyas obtained an NOC from the SDO (Forest) to operate a stone-cutting plant on the land. However, the Forest Department later identified the land as revenue land intended for social forestry and subsequently cancelled the NOC on April 13, 2006.

The petitioner contended that the cancellation was done without issuing a show cause notice, thus violating principles of natural justice. However, the Court, after examining the records, found that the cancellation was justified. Justice Pathak noted, "When the land is of social forestry then petitioner cannot be permitted to undergo any construction or excavation activity over it."

The Court further highlighted that an inquiry conducted by forest officials in 1988 revealed that the land was part of a plantation area under the RLGP Scheme, with 24,500 plants originally planted. Despite most of the plants dying over time, 250 plants per hectare were still alive. The report, supported by a panchnama, affirmed the land's status as forest land, justifying the cancellation of the NOC.

Moreover, the Court pointed out that construction activities on the land had ceased since 2012, further diminishing the petitioner's claim. "On this count also, petitioner had no locus or interest to prosecute it further," the Court remarked, dismissing the petition for lack of merit.

Case title: Neeraj Vyas Versus State Of M.P. And Others

Citation: 2024 LiveLaw (MP) 186

Case No: WRIT PETITION No. 3249 of 2006

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