SC Asks Punjab To Provide Land To Replace Highway Trees

NEW DELHI: The Supreme Court on Thursday directed the Punjab government to submit a proposal for providing adequate land for compensatory afforestation linked to national highway construction.

A three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana expressed concern over declining forest cover in Punjab and the lack of implementation of the afforestation plan.

“The State of Punjab is directed to submit a proposal re: provision of adequate land for compensatory afforestation wherever the same is required by the NHAI for construction of the subject-National Highways,” it ordered.

The court also issued notice on a petition by the National Highways Authority of India (NHAI) challenging several Punjab and Haryana High Court orders restricting tree felling during road construction. It sought the state government’s response by November 27.

Solicitor General Tushar Mehta, appearing for the NHAI, said the high court’s continuing directions restraining tree felling were hampering the construction of public roads.

“There cannot be a continuing mandamus. We are bound by a statutory requirement for compensatory afforestation. It is mandatory for felling of trees. Punjab is a border state and some roads are required to be constructed for strategic purposes,” he submitted.

The bench asked whether land for compensatory afforestation was being allocated within five kilometres of the sites where trees were felled.

Mehta said land was sometimes allocated, but not always, and could not always be provided within a five-kilometre radius. Trees were nevertheless being planted, he said, adding that the high court’s directions were stalling public projects.

The court directed the NHAI to serve a copy of its petition on the Punjab government.