The Punjab and Haryana High Court has directed the National Highways Authority of India (NHAI) to carry out a re-survey to explore all possible options for the proposed Zirakpur-Panchkula Bypass.The Bench has also made it clear that the NHAI might “employ the services of any reputed technical expert body or institution for the purpose”.The direction by the Division Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor came during the hearing of a bunch of public interest litigations. Appearing for some of the petitioners, senior advocate Anand Chhibbar submitted that the present proposal for construction of the bypass by the NHAI would lead to the cutting of more than 4,000 trees.“The same can be avoided if a minor re-alignment or an alternative alignment, as proposed by them, is accepted by the NHAI,” he submitted.The Bench was also told that such a “re-alignment/alternative alignment, would not only save the felling of such a large number of trees, but would also attain significant savings in costs.”The Bench was further told that the options –– minor re-alignment towards the river bed or alternative alignment of the bypass through the sector-dividing road in Panchkula –– would rather help in saving “the entire forest belt existing near Peer Muchalla area.”It was added that “similar re-alignments have been carried out at various sites in the country, wherein the alleged technical/engineering constraints, have been taken care of.”The petitioners further submitted that the NHAI “has got the present proposal made from a private entity, and is acting in a pre-determined manner, without seeking the assistance of any expert body or institution.”They prayed that “the matter be got examined from any reputed expert body like the IIT, Roorki.”The counsel appearing for the NHAI, on instructions from a Project Director present in court, “expressed certain alleged technical difficulties” in the two options suggested by the petitioners.After considering the report submitted by the NHAI and examining the alternative proposals regarding re-alignment and alternative alignment, the Bench recorded its prima facie view that the authority should make a genuine effort to examine all possible options before moving ahead with the project.The court observed: “After perusing the report submitted by the NHAI, and after examining the alternative proposals regarding re-alignment/alternative alignment, we are prima facie of the view that an endeavour should be made in the right earnest by the NHAI to examine all possible options, in order to mitigate the ecological damage, while carrying out the development activities of the proposed bypass.”The Bench further observed: “Before proceeding further, it would be apposite that NHAI carries out a proper re-survey to explore all possible options and it may employ the services of any reputed technical expert body or institution for the said purpose.”Before parting with the order, the Bench directed: “Let such re-survey be done and fresh report be filed within 10 days, with a copy in advance to the counsel for the petitioners.” The matter has been listed for further hearing on August 1.The observations form a part of the High Court’s ongoing effort to safeguard the region’s green cover. As part of this exercise, the High Court on April 1 prohibited the felling of “any tree of any age/specie in the State of Haryana, including cutting of approximately 5000 trees proposed to be cut for construction of Zirakpur–Panchkula bypass, without permission of this Court.”The observation came after the court was apprised –– on the basis of the Indian State of Forest Report 2023 –– that Haryana’s forest cover stood at just 3.65 per cent. Taking note of the submissions, the Bench had then observed: “It appears that the functionaries of the State of Haryana are neither serious nor they seem conscious of the impending ecological catastrophe”.


