Judgement of the National Green Tribunal regarding inclusion of cultivable land in the forest area, Punjab, 18/02/2016

Judgement of the National Green Tribunal in the matter of T.N.Godavarman Thirumulpad Vs Union of India & Others dated 18/02/2016. The applicants were aggrieved by the inclusion of their cultivated and inhabited land in the ‘forest area’ vide a Notification issued under Section 4 of the Punjab Land Preservation Act, 1900. According to the applicant, these areas were under agricultural activity and inhabitation even prior to the coming into force of the Forest (Conservation) Act, 1980 (for short ‘Act of 1980’) and they had even moved an application to the State Government for exclusion of these areas. From the record before the Tribunal, the Court noted that the area is required to be excluded and delisted from the notification issued under Section 4 of the Act of 1900. This matter, despite the fact that all stake holders are ad idem to the real subject matter of the dispute, has remained pending for no action on the part of the State Government of Punjab and MoEF.