Now Reading: Punjab says NGT cannot penalise NHAI for tree felling on its land
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Punjab says NGT cannot penalise NHAI for tree felling on its land
The Punjab forest department has told the National Green Tribunal (NGT) that it has no jurisdiction to regulate or penalise the National Highways Authority of India (NHAI) for cutting trees on land…
The Punjab forest department has told the National Green Tribunal (NGT) that it has no jurisdiction to regulate or penalise the National Highways Authority of India (NHAI) for cutting trees on land acquired by it. In an affidavit filed on Thursday, the department argued that no provision of the Forest Acts applies to such land, and compensatory afforestation is not required.
The stand comes in a case concerning the felling of plants during construction of a vehicular underpass on the Pathankot-Amritsar stretch of NH-54. The NGT had sought details after noting that while 2,023 plants were planted along the road during 2020-21, 1,651 were subsequently felled by NHAI, and the earlier report did not clarify how many had matured into trees before being cut.
The forest department has drawn a distinction between forest land diverted for the highway project, where compensatory afforestation was carried out, and land acquired directly by NHAI from farmers in 2024. It has sought dismissal of the original application filed by Dinesh Gupta in 2024.
Indian Opinion Analysis
The Punjab forest department's argument effectively carves out a legal gap: once NHAI acquires private land, the state's forest laws no longer apply, leaving tree cover on highway land without the usual protections. The NGT's concern about the age of felled plants matters because under the Forest Conservation Act, the compensatory afforestation requirement is triggered only when mature trees on forest land are removed. The tribunal will have to decide whether the MoU between NHAI and the forest department allows the authority to bypass penalties, or whether the NGT can assert jurisdiction under the Environment Protection Act. The next hearing will test whether the department's jurisdictional stand holds.
Source: hindustantimes.com
This brief was synthesised by AI from the source linked above.
