Chandigarh: The Punjab and Haryana High Court on Saturday, October 31, questioned the recently enacted Punjab Protection of Trees Act, termed it draconian and urged the Punjab government to reconsider the law before the court examines a pending challenge to it, Bar and Bench reported. A Division Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor was hearing Praneet Kaur v State of Punjab and Others.
Source: Bar and Bench
The bench said the law permits the felling of trees subject to payment of money, and that such a law will destroy the State. 'Your provision, unfortunately, only says that you apply for permission, permission granted, deemed permission. At the most, money pay. This will be destroying your State,' the bench said, adding that it had 'absolutely no difficulty' saying so when called upon to examine the merits of the legislation, and that 'we can't allow this kind of a draconian legislation'. The remarks were oral and prima facie; the validity of the Act has not been decided.
Source: Bar and Bench
State to return with instructions on Monday
The court said it was already seized of the tree-felling matter in Punjab when the State notified the legislation in September 2026, and that it was ready with a judgment setting out detailed guidelines for the authorities — but, in view of the new legislation, it wants the State to have a relook at the issues. A government counsel said he would seek instructions by Monday. Recording that submission, the court ordered: 'We are sure that the State of Punjab would be equally interested in protection of environment and therefore appropriate instructions would be furnished to the Ld. counsel for State of Punjab to be placed before the Court on Monday.' LawChakra, reporting the same hearing, said the matter was listed for Monday, November 2.
Source: LawChakra
The case began with a batch of public interest petitions mainly against a proposal to fell 251 trees in Mohali district. In December 2025 the court ordered that no tree shall be cut in Punjab without its prior permission until further orders, and it later extended its intervention to Haryana, noting that forest cover in both states is almost at the bottom of the national figures. The court has noted that, as per the India State of Forest Report 2023, tree and forest cover in Punjab is 3.67 per cent and in Haryana 3.65 per cent, both drastically below the national average of 25.17 per cent and the 33 per cent benchmark in the National Forest Policy, 1988.
Source: Bar and Bench
The new legislation was challenged by way of an application in the pending matter, which alleges that it removes the previous safeguards and permits tree cutting simply upon deposit of certain charges — an allegation, not a court finding. The court was also informed that executive officers of local urban bodies have been declared tree protection officers even though they themselves seek permission for cutting trees in most cases. The Haryana government, for its part, assured the court that it will re-examine its own draft law, which is substantially modelled on the Punjab legislation, and finalise it only after carefully examining the court's guidelines. What happens next turns on the instructions Punjab places before the bench on Monday.
Source: LawChakra