Subject: Complaint & Objection on Draft Development Plan Mangar 2031 Notified Dt.17/05/2012 ,putting restriction & showing private agriculture land at village kot Faridabad as aravali plantation & then putting restriction by not allowing construction activity and only plantation activity the said restriction is put on forest land which is being implemented on above said land , which is un constitutional , infringement of fundamental right’s   ,ownership right’s as it would also amount to Depriving Property Right’s under section 300A of Constitution of India & framing incorrect government records. It is request to differences ate aravali plantation area from PLPA 1900 land  in notification write up and allow all utility as given in agriculture zone to private ownership land at village kot covered under aravali plantation in view of CEC & state government Report Submitted in Supreme Court , Pubjab & Haryana  High Court ruling 2009 , Affidavit filed in state government of Haryana in  Supreme Court& High court  and Clarification Issued by Ministry of environment and forest of India  “On forest land “ which is not applicable on private plantation . <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

Respected sir

                                This application is submitted to you for a urgent redreassal , That Draft development plan manger 2031 notified Dt.17/05/2012 has a major error  .That Private agriculture land of village kot Khasra  No.720,637,673,674,873,863,878,883,884,880,881,885 min 886 Min 887 min 1 Min ,3,5,8,10,11,12,40,41,308,882,876.836,721,725,732,832,822,726,718,786 which is private ownership land. But in the said draft master plan on the above said private ownership land only plantation is allowed which is a utility of forest area, which is Wrong ,Unconstitutional ,Depriving of proper utility to the  property ,Private ownership right as aravali plantation is not forest land nor the forest conservation act  1980 is applicable to it :-

1)      In I.A No.2858 Filed by The State of Haryana With Central Empowered Committee in Hon’ble Supreme Corut of India has clearly mentioned that project area covered under the Aravalli plantation scheme does not fall under the category of Forest and therefore doe not require approval under the Forest( Conservation) Act 1980

2)      Application of F.C act 1980 Clarification 1.1;- The term “forest” shall not be applicable to the plantations raised on private lands, except notified private forests. However, felling of trees in these private plantation shall be governed by various State Acts and Rules. Felling of trees in notified private forests will be as per the working plan/management plan duly approved by Government of India.( Ministry of Environment and Forest Of India)

3)      That in government departments and/or in revenue records maintained by revenue departments no specific remark or information was placed or maintained regarding scope , ambit , specification of land under aravali plantation , Further no information was placed either on public information domain or government information domain to show which area the land areas where plantation has been affected , This error developed serious confusion among several government departments with regard to proper defination of the land area under aravali plantation project actual effect

4)   That Hon’ble Punjab and Haryana High court in CM.No.12170 & 13502 of 2009 in CWP no.20135 of 2004 has clarified the definition of forest as under:

“only those land /areas forming part of notification issued under Section 3 of PLPA act 1900 in respect of which restriction against clearing  , breaking up of land or cultivation has been imposed under section 4(a) or 5( a) of this act area declared as “forest land” for the purpose of Indian Forest act and Forest conservation act 1980”

5)      That Sh.Banarsi Das IFS Principal Chief Conservator of Forest , Haryana in his affidavit filed in CWP No.171 of 1996 has not mentioned any kind of restriction or prohibition for the area falling under arawalli plantation scheme

6)      That in CM.no. 12170 of 2009 in CWP No.20134 of 2004 , Dr.D.R Ramesh IFS Chief Conservator of Forest , Haryana has admitted that Notification Issued under PLPA Act 1900 , which are general in nature and where NO RESTRICTION HAS BEEN IMPOSED FOR CLEARING , BREAKING OR CULTIVATION OF LAND HAS NEVER BEEN TREATED AND MAINTAINED AS FOREST LAND BY THE HARYANA FOREST DEPARTMENT .

7)      If Such error is still recorded in final master plan manger , then in village Kot there will be no development , Infrastructure , grown in the area & it will remain a backward area nor there can be any agriculture activity

8)      WE have to understand a basic concept will is applicable to Haryana , if a tree needed to be cut we need to take permission from the government department and Environment clearance etc , if such blanket bans are applied on private ownership & capable land next to Delhi it will not only stop the growth of the village but also out state and prosperity as such no blanked bans should be imposed on private ownership land 

By The above it is clear with the light of law that Arawalli plantation if at all the private ownership land at village kot is not forest and such forest restriction of no constriction activity no agriculture will amount to Infringement  of Constitutional right , fundamental right , Private ownership right and also amount mount to Depriving Property Right’s under section 300A of Constitution of India & framing incorrect government

It is requested in the interest of Natural justice and up keeping of law It is request to differences ate aravali plantation area from PLPA 1900 land  in notification write up pg.1415 second para and allow all utility as given in agriculture zone & agriculture activity’s to private ownership land & in khasra no ./arawali plantation land mentioned above at village kot in Final Development Plan Mangar Faridabad Haryana 2031

“PLPA 1900 has been distinctly shown in Draft development plan and no construction activity will be permissible in this area except plantation only ,In arawali plantation activity’s of agriculture zone are allowed.”