High Court Intervenes to Protect Rohtak's 'Green Lungs' from Commercial Axe
In a significant environmental intervention, the Punjab and Haryana High Court has restrained Haryana authorities from proceeding with the proposed felling of approximately 12,000 trees in a 38-acre green patch located in the heart of Rohtak. This verdant area, often described as the city's "green lungs," has naturally evolved into a dense forest over the past two decades and now faces the threat of commercial development.
Judicial Scrutiny Over Forest Land Diversion
A Division Bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry raised serious questions about Haryana's move to carve out a commercial sector on land that has transformed into a fully grown forest. The court was hearing a Public Interest Litigation (PIL) challenging the state's plan to exploit this ecologically sensitive zone for commercial purposes.
The petitioner's counsel presented compelling arguments before the bench, highlighting several critical violations:
- The land, originally acquired in 2002 for Sector 6, remained unused and naturally developed into a forest with over 12,000 mature trees.
- Since the area exceeds five hectares and is located within the National Capital Region (NCR), it qualifies as a "forest" under both the Forest Conservation Act, 1980, and Haryana's own notification dated August 18, 2025.
- Tree cutting activities had already commenced from January 19, 2026, without obtaining mandatory clearance from the Central Government, thereby violating Section 2 of the Forest Conservation Act.
Legal Arguments and Environmental Concerns
Referring to landmark Supreme Court rulings in the T N Godavarman and A K Sharma cases, the counsel emphasized that forest land cannot be diverted for commercial purposes. He argued that not even a single tree could be legally cut without Central approval. The proposed project was described as a breach of public trust and an infringement of citizens' fundamental right to a clean environment under Article 21 of the Constitution.
During the proceedings, Chief Justice Sheel Nagu expressed profound concern over the potential loss of this vital green cover, questioning the rationale behind destroying 30-year-old trees. "These are full-grown trees, around 30 years old. Why are you cutting these trees? You don't want your children or grandchildren to survive?" he remarked, underscoring the environmental and intergenerational implications of the state's actions.
Jurisdictional Questions and Interim Relief
The bench also scrutinized why the petitioner had not approached the National Green Tribunal (NGT), noting that a challenge to Haryana's August 2025 notification defining forest area was already pending before the tribunal. In response, the petitioner's counsel clarified that the current case involved ongoing illegal actions on the ground and raised constitutional issues beyond the NGT's scope.
While reserving the question of jurisdiction, the court issued crucial interim directions:
- The Haryana Government and the Haryana Shehri Vikas Pradhikaran must file details of any permissions obtained for tree felling.
- The respondents are restrained from carrying out any further cutting of trees in the area until the next hearing.
The matter has been adjourned, with the court seeking assistance from the petitioner's counsel on whether such cases should be entertained under Article 226 of the Constitution or referred to the NGT. This legal battle highlights the ongoing tension between urban development and environmental conservation in rapidly growing regions like the NCR.
