The Jharkhand High Court has stayed construction of a bypass road connecting Chatra town with NH-99 (New NH-22) and NH-100 (New NH-522) after noting that 13,681 full-grown trees identified for the project would have to be felled. The Court observed that “these huge chunk of trees are not merely a canopy, but are the lungs, which cannot be allowed to be destroyed by cutting them indiscriminately on the pretext of development.”

A Single Judge Bench of Justice Ananda Sen was hearing a writ petition seeking a direction to the respondents to consider diversion of the proposed alignment for construction of the bypass road.

The petitioner had sought diversion of the scheduled construction of the bypass road from the proposed layout. It was submitted that if the alignment was diverted, around 300 full-grown trees standing on the petitioner's land could be saved.

Considering the submission, the Court had earlier directed the respondents to inspect the site and inform the Court about the number of trees that would have to be felled under the present alignment and whether any diversion was possible to save the trees. The Court had also directed that no construction of the road be undertaken over the area in the meantime. The State informed the Court that, as per the present alignment, including the forest area, 13,681 trees would need to be cut down. It was submitted that all the identified trees were full-grown trees.

The petitioner contended that diversion of the alignment could save a substantial number of full-grown trees and sought consideration of an alternative alignment.

The Court observed that 13,681 full-grown trees “are not a small number” and that cutting such a large number of trees in forest areas and even outside forest areas would impact ecology and environment. The Court observed:

“Forest does not only mean trees. It means animals, birds and other insects and also other forms of life. It is the entire eco system.”

The Court further observed that even if compulsory afforestation was undertaken by planting a large number of saplings, it could not substitute or replace the existing environment and ecosystem. It noted that it takes more than 100 years for planted saplings to transform into full-grown trees and forests, but during this period irreparable damage could already be caused to the environment and ecology.

The Court observed that to achieve the purpose of travelling a shorter distance by a few miles, the forest, environment, flora, fauna and wildlife were being destroyed. It stated that “developmental disasters” should be minimised wherever possible. The Court further noted:

“We should definitely come out with some solution. Solution, not for this generation but for the future, as this generation is only the custodian of the environment, which has to be passed on to the next generation.”

Considering the communication dated 02.09.2026 issued by the Executive Engineer, NH Division, Hazaribagh, informing that 13,681 trees had been identified for being cut down for the project, the Court directed the petitioner to implead the Ministry of Environment, Forest & Climate Change and the Ministry of Road Transport and Highways as respondents.

As an interim measure, the Court directed that none of the identified trees shall be cut down until further orders. It further stayed any construction of the proposed road which required cutting down of these trees. The Court, however, clarified that the agencies were at liberty to revisit the issue of re-alignment of the road.

The newly added respondents were directed to file counter affidavits within six weeks.

Cause Title: Suresh Sao v. State of Jharkhand and Ors

Case Number: W.P.(C) No. 4394 of 2023

Appearance:

For the Petitioner(s): Mr. Avishek Chandra, Advocate; Mr. Rama Kant Tiwari, Advocate.

For the Respondents: Mr. Indranil Bhaduri, SC-IV; Mr. Suman Marandi, AC to SC-IV.

For UOI: Mr. Prashant Pallav, ASGI.

Click Here To Read/Download Order