P&H High Court Halts All Construction In Mohali's Shivalik Foothills Over Failure To Demarcate 'Forest Land', Bars Land Sale

"Mere filing of affidavits without actually undertaking the requisite exercise for demarcation of ‘forest land’ would neither have the approval of this Court, nor can it have any sanctity in the eyes of law." Punjab and Haryana High Court, in a significant ruling, halted all construction and development activities in several environmentally fragile villages in Mohali situated in the Shivalik foothills.

A division bench comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor observed that the State had failed to demarcate 'forest land' despite specific directions issued by the Supreme Court more than a decade ago, thereby allowing unchecked commercialisation.

The controversy traces its genesis to 2004 when the High Court took suo motu cognizance of the 'Forest Hill Club' operating in Village Karoran. While the High Court initially held that all land notified under the Punjab Land Preservation Act, 1900 (PLP Act) was forest land, the Supreme Court in 2014 set aside this finding. The Supreme Court had directed the State of Punjab to conduct a factual inquiry based on 1980 revenue records to identify actual forest land, a mandate that remained unfulfilled, leading to the present Public Interest Litigations.

The primary question before the court was whether the State could permit rampant commercialisation in the Shivalik foothills without completing the demarcation of forest land as mandated by the Supreme Court. The court was also called upon to determine what immediate protective measures were required to preserve the ecology and prevent the alleged manipulation of revenue records.

Supreme Court's Dictum On 'Forest Land'

The High Court extensively referred to the Supreme Court's 2014 decision in B.S. Sandhu vs. Government of India. It noted the Supreme Court's conclusion that the mere inclusion of an area within the limits of the PLP Act does not automatically render it forest land under the Forest (Conservation) Act, 1980. The actual nature of the land on the date of the 1980 Act's enforcement must be determined based on government records.

Affidavits Without Action Lack Legal Sanctity

The bench expressed strong dissatisfaction with the Punjab government's failure to conduct this demarcation over the past decade. It observed that mere affidavits filed by the Forest Department or the Chief Secretary, which do not reflect the actual demarcation on the ground, serve absolutely no purpose. The court emphasised that such superficial compliance cannot be accepted by the judiciary.

Commercialisation Of Environmentally Fragile Areas

Addressing the petitioners' grievances regarding selective closures of certain businesses while large-scale construction flourished, the court noted the serious allegations of collusion involving senior state officials. The bench underscored that the preservation of the Shivalik foothills is of paramount importance for the region's ecology and survival.

"The manner in which such an area is being allowed to be commercialized, without effective steps being taken for the preservation of the forests, not only violates the mandate of the PLP Act, 1900 but also reflects the failure on the part of the State to preserve the environment," the court remarked.

Blanket Stay On Construction And Land Transfers

Taking note of the prima facie status of several villages as forest land in the revenue records, the court issued sweeping interim directions. It strictly restrained all construction and development activities in villages including Karoran, Nada, Parch, Sunk, Majrian, and Siswan, among others. Furthermore, it strictly prohibited the transfer or alienation of land through any mode, including General Power of Attorney.

"No further transfer or alienation of land by any mode, including GPA/POA, etc., shall be permitted in the said village(s), as we have serious doubts regarding the credibility of the revenue entries in view of the serious allegations of manipulation..."

Protection Of Revenue Records

The court voiced severe apprehensions about the ongoing manipulation of records to convert forest areas into private properties. To prevent further tampering, the bench ordered that Xerox copies of the entire revenue records of these villages be handed over to the Registrar General of the High Court for safe custody within one week. It also imposed a six-week freeze on all mutation entries in the revenue records.

Special Team Constituted For Demarcation

To finally resolve the foundational issue, the court directed the Chief Secretary of Punjab to immediately constitute a joint team of Forest and Revenue Officers. This team, headed by the Chief Conservator of Forests and an officer not below the rank of Principal Secretary, has been tasked with examining old revenue records. They must determine the exact extent of forest land as it existed upon the enforcement of the 1980 Act, within six weeks.

The High Court has adjourned the matter while mandating strict compliance with its interim freeze on construction, mutations, and land transfers. This significant intervention serves as a strong reprimand to the state machinery and acts as a crucial protective shield for the ecologically sensitive Shivalik foothills pending a final, record-based demarcation.

Date of Decision: 22 July 2026