Forests vs Border Roads in Punjab: Supreme Court Asks for a Compensatory Afforestation Land Plan
On 8 October 2026, a Supreme Court bench headed by the Chief Justice of India asked the Punjab government to submit a proposal for giving enough land for compensatory afforestation (planting new forest to make up for trees cut) wherever the National Highways Authority of India (NHAI) needs land for roads. Punjab must reply by 27 November 2026.
The case is an appeal by NHAI against orders of the Punjab and Haryana High Court. On 24 December 2025, while hearing a Public Interest Litigation (PIL) against the cutting of nearly 5,000 trees for the Zirakpur bypass project, the High Court had stopped tree felling for projects in Punjab. It has changed (modified) that order from time to time.
NHAI argued that the High Court's continuing mandamus (a court order that stays open so the court can keep supervising) is holding up public roads. It said compensatory afforestation is already required by law, and that Punjab is a border state that needs some roads for strategic (defence) reasons.
The Supreme Court expressed concern about Punjab's falling forest cover and the poor implementation of its afforestation plan. It also asked whether replacement land was being given within 5 km of the sites where trees were cut. It issued notice on NHAI's appeal.
According to figures cited by the High Court, Punjab's forest cover is only about 3.67% of its geographical area, lower than desert state Rajasthan (about 4.87%).
Earlier, in January 2026, the High Court had allowed NHAI to cut trees for the Abohar-Fazilka defence road near the India-Pakistan border, but only with compensatory afforestation of ten times the number of trees felled.
Compensatory Afforestation Fund (CAF) Act, 2016 and CAMPA
When a road, mine, dam or factory needs forest land, the forest is cut down. Compensatory afforestation is the rule that says: if you take forest land, you must pay for a new forest to be grown somewhere else. The Compensatory Afforestation Fund (CAF) Act, 2016 is the law that collects this money and decides how it is spent. The bodies that manage this money are called CAMPA (Compensatory Afforestation Fund Management and Planning Authority), one at the national level and one in each state.
The Supreme Court wants Punjab to show where it will find land for compensatory afforestation before more trees are cut for NHAI roads. Punjab has very little forest (about 3.67%), so finding replacement land is the main problem. The case shows the core tension of this law: India needs strategic roads in border states, but the law says lost forest must be replaced.
Continuing Mandamus: The Court's Supervisory Mechanism
A mandamus is a court order telling a government body or official to do a duty that the law requires of them. A continuing mandamus is a special form of it. Here the court does not give one final order and close the case. Instead, it keeps the case open for months or years, gives orders step by step, and keeps checking whether the government is actually doing its job.
The Punjab and Haryana High Court has kept its tree-felling case open since December 2025, modifying its order project by project. This is a classic continuing mandamus. NHAI's appeal asks the Supreme Court to decide how far such open-ended supervision can go when it slows down strategic roads in a border state.
Deemed Forests: The Godavarman Ruling and the Dictionary Meaning of Forest
A deemed forest is land that looks and works like a forest but was never officially declared as a forest in government records. Since the Supreme Court's order of 12 December 1996 in the T.N. Godavarman Thirumulpad case, such land is protected under the Forest (Conservation) Act, 1980 just like a recorded forest. This means that before cutting trees on such land for a project, the government must follow forest law, including getting approval and doing compensatory afforestation. The law was amended in 2023 and is now called the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980.
NHAI argued that many Punjab roads are strategic because the state lies on the India-Pakistan border, which is exactly the kind of project the 2023 amendment eased. But forest law, as widened by the Godavarman ruling, still requires that lost forest be replaced, and the Supreme Court is now asking Punjab where that replacement land will come from.
- Supreme Court hearing: 8 October 2026; bench headed by the Chief Justice of India
- Punjab must submit its land proposal for compensatory afforestation by 27 November 2026
- High Court order stopping tree felling in Punjab: 24 December 2025, on a PIL against cutting nearly 5,000 trees for the Zirakpur bypass
- Punjab forest cover: about 3.67% of geographical area (about 1,846 sq km of 50,362 sq km); Rajasthan about 4.87% (as cited before the court)
- Abohar-Fazilka defence road: High Court allowed felling in January 2026 with compensatory afforestation of 10 times the trees cut
- CAF Act, 2016 in force from 30 September 2018; 90% of funds to states, 10% to the National Fund
- National Forest Policy, 1988 target: 33% of geographical area under forest or tree cover