The Punjab and Haryana High Court, in a significant ruling on July 22, imposed a ban on construction and land transfers in 16 villages adjacent to Chandigarh, raising alarms over potential environmental impacts. The case, Sukhraj Singh Chahal v State of Punjab, was presided over by a Division Bench comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor.
The court instructed the Chief Secretary of Punjab to promptly establish a committee dedicated to scrutinizing historical revenue records, aiming to ascertain the extent of forest land in these Mohali villages as it stood at the time of the Forest (Conservation) Act, 1980 enactment. This task is to be completed within a six-week period.
According to the court, initial examinations of revenue records indicate that these villages are marked as ‘forest land’, yet proper demarcation has not been executed, despite a previous directive from the Supreme Court in 2014. The villages affected by this ruling include Karoran, Nada, Parch, Sunk, Majrian, Choti Bari Nagal, Parol, Siswan, Pallanpur, Saini Majra, Dulwan, Burana, Gochar, Mirzapur, Tarapur, and Sultanpur.
“We find it necessary to halt all construction and development activities in these areas,” the Bench declared. Additionally, the court mandated that the State of Punjab and the Deputy Commissioner of Mohali ensure the correct demarcation of ‘forest land’ in nearby villages, in accordance with the Supreme Court’s guidance.
The court further prohibited any land transfer or alienation in these locations, expressing significant concerns about the integrity of revenue entries due to allegations of manipulation, where parts of the land were reportedly misclassified as private.
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The Bench emphasized that any breach of these directives would be considered contempt of court. “We direct that no new mutation entries or similar changes in the revenue records be made for six weeks or until this assessment is concluded,” the court ordered.
This decision followed a series of petitions highlighting severe environmental and ecological issues near Chandigarh. Petitioners argued that forest land had not been demarcated per the Supreme Court’s 2014 directions, and despite restaurant closures, other commercial activities and large-scale construction projects had been permitted.
Concerns were raised about alleged collusion between the State of Punjab and law violators, with accusations that senior officials had acquired prime farmland close to Chandigarh, a highly sought-after urban development area.
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The court noted the State of Punjab’s failure to comply with the Supreme Court’s instructions and underscored the environmental fragility of the area, located at the Shivalik Hills’ foothills. The Bench stressed the necessity of preserving this region for environmental and ecological protection, stating that the commercialization of this area without effective forest conservation measures breached the PLP Act, 1900, and demonstrated the State’s failure in environmental preservation.
The petitioners were represented by Senior Advocate Anand Chibbar, along with advocates Ateevraj Sandhu, RBS Chahal, Shubham Thakur, and Ajaivir Singh. The State’s representation included Additional Advocate General Maninder Singh Garcha with advocates Priyanka Malik and Mehak Kanwar. Advocates Shekhar Verma and Neetu Singh represented the Greater Mohali Area Development Authority, while Senior Advocate DS Patwalia, with advocates Gauravjit S Patwalia and Lagan K Sidhu, represented private respondents.
