SC Directs Punjab to Identify Land for Highway Afforestation
A three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana asked the state to provide land wherever it was required by the National Highways Authority of India (NHAI) for highway construction. The court also directed the NHAI to serve a copy of its petition on the Punjab government.
The bench issued notice on the NHAI’s challenge to several orders of the Punjab and Haryana High Court that restricted the felling of trees for road projects. The state government has been asked to respond by November 27. The proceedings concern the balance between statutory afforestation requirements and the construction of public infrastructure.
Solicitor General Tushar Mehta, appearing for the NHAI, submitted that continuing directions restraining tree felling were affecting road construction. He said compensatory afforestation was mandatory when trees were felled and noted that some roads in Punjab were required for strategic purposes because the state shares an international border.
The Supreme Court also asked whether land for compensatory afforestation was being allocated within 5 km of locations where trees had been removed. Mehta said land was allocated in some cases but was not always available within that radius. He maintained that planting was nevertheless taking place and argued that the high court’s directions were delaying public projects.
The court’s direction requires Punjab to set out how suitable land will be made available for future highway-related afforestation. The proposal is expected to clarify the state’s land-allocation process while addressing the environmental obligations associated with national highway construction.