Punjab and Haryana High Court Seeks Balance Between Green Cover and Infrastructure Development
The Punjab and Haryana High Court has indicated its intention to find a middle ground that safeguards Punjab's dwindling green cover while permitting essential infrastructure projects to proceed. This development comes as the state government and the National Highways Authority of India (NHAI) have strongly advocated for the lifting of a blanket ban on tree felling imposed by the court in December 2025.
Arguments Against the Blanket Ban
During a recent hearing, counsel for the Punjab government and NHAI argued that the comprehensive prohibition on tree cutting is causing significant delays to critical infrastructure and commercial ventures. They emphasized that these projects have already secured all necessary statutory permissions and have implemented compensatory afforestation measures as required by law. The authorities contended that the existing Punjab Tree Preservation Policy does not mandate an absolute ban but rather prioritizes avoidance of tree removal, allowing felling only in the rarest of rare cases after thorough evaluation.
In several instances, efforts were made to redesign or realign projects to spare trees, but expert committees deemed such alternatives unfeasible. NHAI specifically highlighted a defence road project on the Abohar–Fazilka corridor, where approximately 75% of the work is complete and compensatory afforestation worth Rs 15 crore has been undertaken. They warned that the ongoing stay is halting progress on multiple national projects, potentially impacting economic growth and public safety.
Concerns Over Green Cover and Policy Dilution
On the other side, petitioners' counsel raised serious concerns about the potential erosion of environmental protections. They pointed out that Punjab's forest and tree cover stands at a mere 5.9% of its geographical area, which is substantially below the national average. The Punjab Tree Preservation Policy explicitly emphasizes avoidance, minimization, and compensatory plantation as core principles. It mandates the preservation of old and heritage trees, including species such as peepal, banyan, and neem, with heritage trees defined as those over 100 years old possessing historical, cultural, or environmental value.
The counsel argued that commercial projects, like a proposed shopping complex in Mohali, should not qualify under the "rarest of rare" category. They accused authorities of using compensatory plantation as a substitute for the policy's primary goal of conservation, cautioning that executive instructions should not be diluted for mere convenience. The state, however, maintained that the Mohali project is on non-forest land designated for commercial use under the GMADA master plan, with all approvals in place and no heritage trees affected.
Judicial Scrutiny and Future Directions
The Division Bench, comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry, is hearing a series of public interest litigations challenging tree felling for various projects, including the Mohali shopping complex and national highway constructions. The court repeatedly sought clarity on whether any heritage trees are slated for removal, directing authorities to precisely identify such trees from official records. "The fundamental point is avoidance," the court observed, stressing that permissions cannot be granted mechanically without due consideration.
In related matters, the Bench dismissed a premature PIL concerning 23-acre forest land in Sector 90, Mohali, as clearance from the Union Ministry of Environment and Forests is still pending. Other issues, such as those involving roundabouts, were directed to be consolidated into an existing PIL to avoid duplication. The court emphasized that a PIL becomes "a baby of the court" and assured it would regulate proceedings to ensure fair adjudication.
The matters are scheduled for further hearing on Friday, with the court instructing authorities to provide detailed information on heritage tree involvement before any potential modification of the blanket ban is considered. This ongoing legal battle underscores the delicate balance between environmental conservation and infrastructure development in Punjab.
