Punjab: NHAI pushes for lifting tree-felling ban; HC says will safeguard green cover, infra needs
Punjab government, NHAI argued that ban imposed by court in December was stalling key infrastructure and commercial projects despite statutory permissions and compensatory afforestation measures being in place.
4 min readChandigarhUpdated: Jan 22, 2026 08:43 PM IST
A counsel for the petitioners said the Punjab Tree Preservation Policy emphasises avoidance, minimisation and compensatory plantation. (Express Archive)
The Punjab and Haryana High Court on Thursday indicated that it would find ways to protect the green cover of Punjab while allowing essential infrastructure development as the state government and the National Highways Authority of India argued that its blanket ban on tree felling in December was stalling key infrastructure and commercial projects despite statutory permissions and compensatory afforestation measures being in place.
A Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry was hearing a clutch of public interest litigations (PILs) challenging the cutting of trees for projects, including a proposed shopping complex in Mohali and the construction of roundabouts and a national highway stretch. The court had, in December, directed that no tree be felled in Punjab, citing abysmal tree cover.
Opposing the blanket nature of the ban, counsel for the state and NHAI submitted that the applicable tree preservation policy did not impose an absolute prohibition, but required avoidance of felling and permitted removal in rarest of rare cases after due consideration. They argued that in several cases, efforts had been made to avoid cutting trees, but expert committees had found redesign or realignment unfeasible.
A counsel for the petitioners said the Punjab Tree Preservation Policy emphasises avoidance, minimisation and compensatory plantation. The policy mandates that old and heritage trees, including species such as peepal, banyan and neem, be preserved, and that felling be recommended only in exceptional circumstances. Heritage trees are defined as those over 100 years old with historical, cultural or environmental value.
The counsel contended that commercial projects such as a shopping mall could not fall within the “rarest of rare” category and accused the authorities of treating compensatory plantation as a substitute for the policy’s primary objective of conservation. They also pointed out that Punjab’s forest and tree cover stood at about 5.9 per cent of its geographical area, far below the national average, and argued that executive instructions could not be diluted for convenience.
The state, however, maintained that all approvals had been obtained for the Mohali shopping complex, which was located on non-forest land earmarked for commercial use under the GMADA master plan. It said compensatory plantation was being carried out and that no heritage trees were involved.
NHAI, for its part, sought relaxation of the ban for a defence road project on the Abohar–Fazilka corridor, stating that about 75 per cent of the work had already been completed and compensatory afforestation worth Rs 15 crore undertaken. It warned that the blanket stay had brought work on several national projects to a standstill, even as the Punjab counsel said the ban had affected road safety interventions such as roundabouts recommended by traffic experts due to a high fatality rate on certain stretches of the state.
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During the hearing, the Bench repeatedly sought clarity on whether any heritage trees were proposed to be felled and directed the authorities to specifically identify such trees from the record. “The fundamental point is avoidance,” the court observed, indicating that permissions could not be granted mechanically.
The Bench also dealt with overlapping PILs. One petition relating to a 23-acre forest land in Sector 90, Mohali, was dismissed as premature, as clearance from the Union Ministry of Environment and Forests was still pending. The petitioner was granted liberty to revive the issue if approval was eventually granted. Issues relating to roundabouts and other projects were directed to be pursued in an existing PIL to avoid duplication.
Observing that a PIL ceases to remain the petitioner’s case and becomes “a baby of the court”, the Bench said it would regulate the proceedings and decide how the matters were to be dealt with.
The matters will now be taken up again on Friday, with the court asking the authorities to point out, with precision, whether any heritage trees were involved before it considered any modification of the blanket ban.
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
