Himachal High Court puts forest land diversion proposals for roads in abeyance

Says improved motorable access to ecologically fragile areas leading to increasing tourist pressure, environmental degradation and tree felling.

4 min readShimlaAug 19, 2026 08:15 PM IST

Himachal Pradesh High Court forest clearance

The Himachal Pradesh High Court has directed that all proposals seeking forest clearance for construction or tarring of roads to ecologically fragile areas be kept in abeyance with immediate effect, expressing concern that “improved motorable access” was increasing tourist pressure, environmental degradation and tree felling in such areas.

A Division Bench headed by Chief Justice Gurmeet Singh Sandhawalia issued the direction after taking suo motu cognizance of the issue and turning it into a Public Interest Litigation (PIL).

The Bench, also comprising Justice Bipin Chander Negi, in the order issued on August 17, specifically directed that “in case there are any such proposals for forest clearance regarding laying of new roads to the sites in question or tarring of the same, the same shall be kept in abeyance.”

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The Bench cited Chandertal Lake, Shikari Devi Mandir and Churdhar Temple as examples of ecologically fragile sites that have become vulnerable to environmental degradation and tree felling due to increased accessibility through motorable roads

“It has come to the notice of this Court that ecologically fragile areas have been opened up by giving permission under the Forest Conservation Act, 1980, and that roads having high footfall are being constructed in order to facilitate access to such areas without there being any local population,” the court observed.

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The Bench said that “access to such sites by motorable roads has made the area more vulnerable to environmental degradation and cutting of trees”, adding that the issue required judicial consideration.

It also raised concerns over overnight camping around Chandertal Lake and questioned the arrangements for handling human and plastic waste generated by tourists.

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“We are also informed that the Forest Department is permitting camping overnight around the lakes of Chandertal and, therefore, it would be an issue as to how disposal of such human waste, including plastic, is to be done and whether there are mobile toilets,” the Bench observed.

Listing the matter for further hearing on September 28, the court impleaded the state government through the Principal Secretary (Forests), the Principal Chief Conservator of Forests and the Himachal Pradesh Pollution Control Board through its Member Secretary as respondents and issued notices to them. Deputy Advocate General Arsh Rattan appeared for the respondents and waived service of notice.

The court’s intervention assumes significance in the backdrop of a June 24 notiofication issued by the state government on the processing of 2,183 pending road projects involving forest land. Under the notification, eligible projects are to be processed under the Forest Rights Act, 2006, instead of the more stringent forest-clearance mechanism under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, earlier known as the Forest (Conservation) Act, 1980.

Projects that do not meet the criteria under Section 3(2) of the FRA are to be dealt with under the 1980 law, according to the order issued by officiating Chief Secretary Kamlesh Kumar Pant.

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Section 3(2) of the FRA permits diversion of forest land for certain basic facilities, including roads, schools, water tanks, minor irrigation canals and community centres, subject to prescribed conditions and limits on tree felling. In eligible cases involving forest land below one hectare, diversion can be approved by the Divisional Forest Officer.

The High Court’s order now places greater scrutiny on road projects opening up remote forest and tourist areas, particularly where increased accessibility could lead to higher tourist footfall, waste generation and pressure on fragile ecosystems.

Saurabh Parashar

Saurabh Parashar is an Assistant Editor at The Indian Express, primarily responsible for the publication’s coverage of Himachal Pradesh. He is a seasoned journalist with over 17 years of experience in print media, specializing in crime, legal affairs, and investigative reporting. Professional Background Education: He holds a Master’s degree in Mass Communication from Guru Jambheshwar University of Science & Technology (Hisar) and a Law degree from Himachal Pradesh University (HPU), Shimla. This legal background significantly informs his reporting on complex judicial and administrative matters. Career Path: Before joining The Indian Express in 2017, he spent 12 years with The Times of India. Core Beats: His primary focus is the socio-political landscape of the hill state, with a specific emphasis on the environment, forest conservation, drug menace (specifically "Chitta"), affairs related to tribal and archaeology and the unique challenges of governance in high-altitude regions. Recent Notable Articles (Late 2025) His recent reporting highlights the critical intersection of policy, law, and social safety in Himachal Pradesh: 1. "Himachal’s battle against Chitta: Why the border areas are most vulnerable" (Late 2025): An investigative look at the transit routes from Punjab and the impact on local youth. 2. "Shimla ropeway clears key hurdle as 820 trees face the axe :According to the Forest Survey of India’s 2021 assessment, 47.21 percent of Shimla’s 5,131 sq km geographical area is under forest cover (Nov 17, 2025). 3. "Himachal to handover 2.7427 ha of non-forest land for Shimla Ropeway: Given the land’s non-forest nature, RTDC and the state will not require permission from MoEFCC" (Nov 18, 2025) 4. "How the centuries-old Jodidara tradition is fading in Himachal’s Trans-Giri region: Jodidara: a form of fraternal polyandry—has long been part of Hatti tribal culture in the Trans-Giri region of Himachal Pradesh and adjoining Uttarakhand. It is believed to have evolved to prevent division of ancestral land and maintain unity among brothers in the harsh, mountainous terrain" (Aug 18, 2025) Legal & Agricultural Affairs "Kisan Sabha hails SC’s setting aside Himachal HC order to remove orchards from forest land" (Dec 18, 2025): Covering a major Supreme Court victory for farmers, where a High Court order to remove fruit-bearing apple orchards was overturned. "Himachal Cabinet nod to new tourism policy; focus on home-stays in tribal areas" (Dec 11, 2025): Detailing the legislative push to decentralize tourism and bring economic benefits to Lahaul-Spiti and Kinnaur. 3. Governance & Environment "Forest rights and development: Why Himachal is seeking more leeway from Centre" (Dec 19, 2025): Reporting on the legal hurdles faced by the state in infrastructure projects due to the Forest Conservation Act. "Cloudbursts and resilience: How Himachal’s remote villages are building back better" (Nov 2025): Following up on the long-term rehabilitation efforts after monsoon-related disasters. Crime especially cyber crimes, crypto currency etc: crypto currency: "Agents in uniform, motivational speeches, lavish parties: How a Himachal crypto con went unnoticed:A serial conman, a ‘Nelson Mandela Nobel Peace Award winner', and retired policemen got together to pull off a Rs 1,740-crore fraud" (Nov 10, 2023) Signature Beats Saurabh is recognized for his tenacious reporting on the state's drug epidemic. His deep familiarity with the topography and tribal culture of Himachal allows him to report from remote locations like Spiti, Pangi, Shillai, which are often overlooked by national media. His legal expertise makes him a primary choice for covering the Himachal Pradesh High Court on issues ranging from local body elections to environmental PILs. X (Twitter): @saurabh_prashar . ... Read More

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