HP High Court flags 55 forest-road violations in Seraj, restrains construction and tarring

Shimla, October 13

Himachal Pradesh High Court has reiterated its restraint on construction and tarring of forest roads after an amicus curiae reported that 55 roads in the ecologically fragile Seraj Assembly constituency had allegedly been constructed in violation of forest conservation law, raising serious questions over forest clearances, large-scale tree felling and the environmental impact of infrastructure expansion.

A Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi passed the order on October 8 while hearing a suo motu public interest litigation concerning environmental degradation in forest areas. The proceedings also brought under scrutiny the presence of 16 helipads in Seraj and the permissions granted for infrastructure projects in sensitive forest landscapes.

Reiterating its earlier order dated August 17, 2026, the Bench directed:

“No construction and tarring would be done on the forest roads till further orders.”

The direction followed submissions by amicus curiae Deven Khanna, who placed before the court a chart indicating that 55 roads had been constructed in violation of the Himachal Pradesh Forest (Conservation) Act, 1980, within Seraj Assembly constituency under the Nachan Forest Division. According to the submissions recorded in the order, proposals for forest clearance from the user agency were yet to be received in a majority of these cases, although the roads were already in place.

The court also noted that work on roads listed at serial numbers 51 to 55 remained incomplete. The Bagsaid-Rahidhar-Kathyali-Dharwar-Dhansal road, measuring 10.165 kilometres, was shown as “in progress, approved”. The documents also contained a separate list of roads approved under the Forest Rights Act, 2006, in Seraj after August 19, 2026.

The scale of construction in Seraj has acquired added significance given the region’s development trajectory during the tenure of former Chief Minister Jai Ram Thakur, who represents the constituency and headed the state government from 2017 to 2022.

Development of the constituency, including improved road connectivity and tourism infrastructure, was a prominent feature of the government’s agenda. The latest court proceedings have brought the regulatory compliance and environmental consequences of infrastructure expansion in the area into sharper focus, although the order does not establish when each of the 55 roads was constructed.

The amicus curiae also questioned the manner in which permissions had been granted under the Forest Rights Act, 2006. The order records the submission that some permissions appeared to have been granted for purposes that were not for the benefit of forest dwellers or forests.

The Bench was further informed that documents showed the presence of 16 helipads in Seraj. Khanna submitted that such facilities in forest areas could disturb wildlife and warranted an assessment of their environmental impact. The court also took note of submissions regarding large-scale felling of green trees for road construction.

The proceedings raise broader concerns about infrastructure development in the fragile Himalayan landscape, where road cutting, removal of vegetation and changes to natural drainage can place additional pressure on forests and wildlife habitats.

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The issue before the court includes whether the necessary statutory clearances were obtained before construction and whether environmental safeguards were observed.

The October 8 order specifically reiterates the restraint on construction and tarring of forest roads until further orders. It does not impose a separate blanket stay on all development activities or all helipad projects, nor does it record a final finding that every one of the 55 roads or all 16 helipads is illegal.

The figures and allegations were placed before the court by the amicus curiae; the legality of individual projects has not been finally determined in this order.

The matter has been listed for further hearing on December 2, 2026.