High Court Calls Punjab's Tree Felling Law Draconian, Asks State to Reconsiderਹਾਈ ਕੋਰਟ ਨੇ ਪੰਜਾਬ ਦੇ ਰੁੱਖ ਕੱਟਣ ਵਾਲੇ ਕਾਨੂੰਨ ਨੂੰ ਸਖ਼ਤ ਕਿਹਾ, ਸਰਕਾਰ ਨੂੰ ਮੁੜ ਵਿਚਾਰ ਲਈ ਕਿਹਾ

The Punjab and Haryana High Court on Saturday, 31 October 2026, 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 and LawChakra reported. A Division Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor was hearing Praneet Kaur v State of Punjab and Others. The remarks were oral and prima facie: the validity of the Act has not been decided yet.

What did the bench say about the Act?

The bench said the law permits the felling of trees subject to payment of money. In the words reported by Bar and Bench, the court told the state: every government wants protection of the environment and felling of trees has to be viewed with a lot more seriousness, but the provision only says that you apply for permission, permission is granted or deemed granted, and at the most you pay money. The bench added that this will be destroying the state, that it has absolutely no difficulty saying so when called upon to examine the merits of the legislation, and that, prima facie, it cannot allow this kind of draconian legislation. Justice Kapoor, the court noted, had gone through all the provisions of the Act.

How did the case reach this point?

The court was already seized of tree felling in Punjab when the state notified the legislation in September 2026. The matter 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 be cut anywhere in Punjab without its prior permission until further orders, and a large number of permission applications have since come before it. The bench said on Saturday that it was ready with a judgment containing detailed guidelines for the authorities, but in view of the new legislation it wants the state to have a relook at the issues first. Government counsel said he would seek instructions by Monday, and the court recorded that it is sure the state would be equally interested in protecting the environment and would place appropriate instructions before it on Monday.

What is challenged in the new law?

An application in the pending case challenges the Act, alleging that it removes the previous safeguards and permits tree cutting simply upon deposit of certain charges. The court was also informed that executive officers of local urban bodies have been declared tree protection officers, even though in most cases it is those same bodies that seek permission to cut trees. The bench cited the India State of Forest Report 2023: tree and forest cover in Punjab is 3.67 percent and in Haryana 3.65 percent, both drastically below the national average of 25.17 percent and far below the 33 percent benchmark in the National Forest Policy 1988. The court had earlier extended its intervention to Haryana for the same reason, and on Saturday the Haryana government 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 guidelines the court issues.

What happens next in the case?

The Punjab government will place its instructions before the bench on Monday, 2 November 2026, when the matter is listed next. The court will then decide how to proceed on the challenge to the Act and on the guidelines it has prepared.

Has the court struck down the Punjab Protection of Trees Act?

No. The bench made oral, prima facie observations and gave the state time to reconsider. The Act's validity will be decided when the court examines the pending challenge on its merits.

What is Punjab's forest cover?

According to the India State of Forest Report 2023, cited by the bench, Punjab's tree and forest cover is 3.67 percent of its area, against a national average of 25.17 percent.