Shimla: The Himachal Pradesh High Court has issued a stern warning to the state’s Forest Department. The court has taken a very tough stance on rampant illegal construction and unauthorised felling of trees in the ecologically sensitive Barog area of Solan district. Rejecting the Forest Department’s status report in the matter, the High Court termed it an attempt to suppress the case.
The court warned that if the department does not submit a fair and accurate report on the damage caused in the area, the investigation will be handed over to an independent agency such as the CBI. The division bench of Chief Justice Justice Gurmeet Singh Sandhawalia and Justice Gia Lal Bhardwaj issued these directions while hearing a public interest litigation (PIL).
According to a report submitted before the Himachal Pradesh High Court in the matter, 155 large trees were felled in the Barog area, spread over a total area of 50,058 square metres. The felling was primarily carried out by three major builders — SSRN Infracon LLP, Barog Resorts, and MMM Infra Private Limited.
The Forest Department had argued that the felling took place on private land, not forest land, and that it did not cause any widespread damage to the green cover. The court rejected this explanation, stating that under the Himachal Pradesh Land Preservation Act, 1978, even on private land, such a large number of trees cannot be felled without permission. The Forest Department had issued a notice to only one person and imposed a minor penalty. The court deemed this penalty insufficient.
Making strong observations, the High Court said the Forest Department has badly failed in its responsibility to maintain the green cover in the Barog area. The department’s report, in conjunction with other related departments, appears to be an attempt to hush up the matter.
The court noted from the record that the first order in this case was passed on May 11, 2026, and the second on July 10, 2026, but the state government and officials took no concrete action. Only after the third order on August 25, 2026, did the department issue some show-cause notices. This shows how serious the state government is about preventing the construction of multi-storey buildings in this sensitive area.
The bench found that a total of 21 builders from outside states — including Chandigarh, Zirakpur, Mohali, Amritsar, Noida, and Delhi — have been granted construction approvals in the Barog area, several of whom are erecting buildings taller than six storeys. The High Court questioned the government on what basis and for what purpose these non-Himachali builders were granted approvals under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972.
Does the government have any data to prove that this fragile hilly region can withstand construction on such a large scale? The court was told that due to this unregulated construction, the area’s natural water channels are getting blocked and groundwater is being extracted indiscriminately through borewells.
The bench said that it is the job of expert departments to assess the damage being caused to the local environment, but state officials are shirking their responsibilities. Taking a strict stance, the High Court directed the state government to place before the court the complete details of all approvals granted under Section 118 over the past decade in Solan (particularly Barog), Nahan, and Shimla areas.
The Director of Town and Country Planning has also been asked to submit a complete list of approvals for multi-storey buildings granted to these 21 builders. The next hearing in the matter has been scheduled for October 13.
