The Punjab and Haryana High Court on Wednesday issued an interim order restraining the Haryana state authorities from cutting any further trees on a 38-acre green patch in Rohtak’s proposed Sector 6. The Bench, headed by Chief Justice Sheel Nagu, took a grim view of the state’s move to clear over 12,000 fully grown trees for commercial development.
Court’s Observation: A Question of Survival
In a sharp rebuke to the state authorities, the Bench questioned the rationale behind destroying the green cover within the city limits.
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The Quote: “Why are you cutting these trees within Rohtak itself? You don’t want your children or your grandchildren to survive?” Chief Justice Nagu asked during the hearing.
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The Order: Asserting the need for immediate protection, the CJ stated, “For the time being the State authorities-respondents are restrained from cutting any further trees in the said area.”
Petitioner’s Argument: “Lungs of the City”
The counsel for the PIL petitioner argued that the land, acquired in 2002 for “commercial exploitation,” had remained unused for over two decades, allowing it to develop into a natural forest.
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Forest Status: Citing a Haryana Government notification dated August 18, 2025, the counsel argued that the 38-acre patch (approx. 15 hectares) far exceeds the 5-hectare threshold required to be deemed a “forest” under the dictionary meaning.
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Legal Violation: The petitioner contended that under Section 2 of the Forest Conservation Act, 1980, central government permission is mandatory for such activity. “They have already started cutting the trees… active tree-cutting since January 19, 2026,” the counsel submitted, adding that no such permission was evident.
Jurisdictional Query: HC or NGT?
While granting the stay, the Bench raised a significant legal query regarding jurisdiction:
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The Issue: Chief Justice Nagu asked whether the matter should be adjudicated by the National Green Tribunal (NGT) instead of the High Court under Article 226.
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Directives: The court directed the petitioner to cite Supreme Court or High Court precedents defining which matters stay with the HC and which go to the NGT.
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State’s Burden: The Haryana government has been directed to place on record all permissions, if any, that were granted for the tree felling.
