Court mandates environmental consideration and alternative proposals for bypass construction, emphasizes ecological balance.
In a significant ruling aimed at safeguarding the environment, the Punjab and Haryana High Court has issued a prohibition on the felling of approximately 5000 trees for the construction of the Zirakpur-Panchkula bypass. The court's decision comes in response to a public interest litigation filed by Sunil Kumar Sharma and others, which raised concerns about the ecological imbalance and deforestation that such construction would entail.
Presided over by Chief Justice Sheel Nagu and Justice Sanjiv Berry, the court emphasized the necessity for environmental preservation and directed that no trees be cut in Haryana without prior permission from the court. This order will remain in effect until the next court hearing scheduled for April 17, 2026.
The court's directive not only halts the tree-cutting but also demands that the National Highways Authority of India (NHAI) explore alternative alignment proposals for the bypass construction. The NHAI has been instructed to submit these proposals to the court, ensuring that all possible measures are considered to minimize ecological damage.
During the proceedings, the court questioned the state's commitment to environmental conservation, highlighting the dire forest cover statistics from the Indian State Forest Report 2023. With only 3.65% of Haryana's geographical area covered by forests, the court underscored the urgency of adopting drastic remedial measures to avert an ecological catastrophe.
The petitioners, represented by Senior Advocate Anand Chhibbar and his team, argued that the state's inaction reflected a lack of seriousness towards the environmental crisis. The court's decision, therefore, serves as a crucial step in compelling the authorities to prioritize ecological considerations in developmental projects.
The Additional Solicitor General of India, Satya Pal Jain, and other counsel representing the respondents, have acknowledged the court's directive, assuring that no trees will be cut for the bypass construction until further orders are issued.
This ruling is a testament to the judiciary's proactive role in environmental protection, urging state functionaries to balance developmental needs with ecological sustainability.
Bottom Line:
Environmental Protection - Prohibition on cutting of trees for construction of Zirakpur - Panchkula bypass without prior permission of the court to address ecological concerns and ensure alternative measures are explored.
Statutory provision(s): Environmental Protection, Public Interest Litigation, Afforestation
Sunil Kumar Sharma v. Union of India, (Punjab And Haryana)(DB) : Law Finder Doc id # 2877398
