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HC questions Punjab on ‘delisted’ forest land, commercial activity on Mohali resort

The matter arises from a PIL, the maintainability of which remains under challenge, questioning alleged forest encroachment by the Prey Resort in Punjab's Siswan village.

4 min readChandigarhNov 17, 2025 07:00 PM IST

The Punjab Government counsel submitted that the resort stands on land formally delisted from forest classification through a 2011 notification and supported by maps, annexures, and a report from the divisional forest officer.

The Punjab and Haryana High Court Monday saw heated arguments over whether a resort in Mohali has come up on land protected originally under the Punjab Land Preservation Act (PLPA) but later “delisted,” with the court insisting on clarity from the Forest Department and reminding the state that any construction in or around forest areas must stand strict scrutiny.

The matter arises from a Public Interest Litigation (PIL), the maintainability of which remains under challenge, questioning alleged forest encroachment by the Prey Resort in the Siswan village. Counsel for the petitioner argued that the land was historically forest land under the PLPA and that commercial activity could not be permitted even after “delisting.”

“It is a PIL. It is our baby, not yours. The moment you file it, it becomes our baby. We will deal with it,” a Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry said.

The bench reiterated that the issue of maintainability would remain open and decided later, but that would not prevent the court from examining potential forest encroachment. The bench also recalled its earlier order of September 2, in which it had emphasised that its concern was “limited to whether any forest area, reserved forest area, sanctuary or national park meant only for forest activity is being encroached upon by the construction in question or not.”

Forest Dept claims land was delisted

He read out portions of the notification showing that the Centre had granted “in-principle approval to delist” PLPA-closed land for bona fide agricultural and habitation purposes, subject to strict conditions.

However, the bench pressed the officer to point out precisely where the notification “says this area has been delisted.” Turning to the maps, the court scrutinised the colour-coded demarcation, yellow marking delisted areas and green marking listed forest areas, and asked repeatedly whether the resort fell squarely within the delisted polygon.

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When the state said yes, the Chief Justice Nagu asked: “Subject to certain conditions, what are those conditions? Please read them.” The court then had the state read aloud the three key conditions attached to delisting, including that “no commercial activity is permitted on such delisted land” and that the land may be used “only for bona fide agriculture and livelihood.”

“That is the real issue then,” Chief Justice Nagu remarked, directing the Forest Department to file a complete affidavit with maps, as earlier ordered.

‘This roving inquiry has to stop’

Appearing for the resort, Senior Advocate Deepinder Singh Patwalja told the court that the establishment had been forcibly shut down as it could not function while multiple compliances were being sought simultaneously from the Greater Mohali Area Development Authority (GMADA), the Punjab Pollution Control Board, and the Forest Department.

“I cannot run today because I am shut till I get all compliances… This roving inquiry has to stop,” the counsel argued, alleging “proxy litigation” by private parties.

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Countering allegations of vested interests, petitioner’s counsel, Senior Advocate Kanwaljit Singh, said, “There is not even one suit or case against him. A partition matter between co-sharers exists, nothing to do with him.” He took the court through pages of the notification to argue that the delisting applied only under conditional approval and that the specific land remained subject to restrictions prohibiting commercial activity.

“This land was under forest land… and even after delisting, commercial activity is barred,” he submitted.

Patwalja further alleged that GMADA was singling out his property even though many other commercial properties were flourishing in the area. To this, GMADA counsel Shekhar Verma said they had issued similar notices to 14 properties, and that part of the Prey result was on agricultural land, no commercial activity can be permitted on that khasra number. He claimed that GMADA’s objection was only to commercial activities being carried on farming land.

Reiterating its earlier direction, the Punjab and Haryana High Court bench ordered that forest functionaries place a proper affidavit along with all maps and notifications to establish whether the resort stands on delisted land, and, crucially, whether commercial activity is permissible. The bench will continue hearing the matter in December.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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