Himachal Pradesh to Move Court for Regularizing Over 2,000 Pre-FRA Roads Built on Forest Land

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In a move that could have far-reaching implications for infrastructure and environmental policy in Himachal Pradesh, the state government has decided to file a review petition before May 10, 2025, seeking the regularization of over 2,000 roads constructed in violation of the Forest (Conservation) Act, 1980. Chief Minister Thakur Sukhvinder Singh Sukhu, while presiding over a high-level meeting of the Forest Department, emphasized that this legal recourse is essential to safeguard public interest and address long-standing infrastructural needs in the hilly state.

The roads in question, numbering 2,183, span across various forest zones in the state and were constructed prior to the implementation of the Forest Rights Act (FRA), 2006. Himachal Pradesh formally adopted the FRA in 2016, much later than many other Indian states. The Act, designed to recognize the traditional rights of forest-dwelling communities, particularly those who have resided on and depended on forest land for generations, has become a key reference point in determining the legality of development activities in forested regions.

Of these roads, 613 fall within the Shimla zone, 821 in the Mandi zone, 254 in Hamirpur, and 495 in the Kangra zone. While these roads were originally built without statutory forest clearances, many of them now serve as critical links for rural mobility, emergency services, agriculture, and market access in remote areas. Their continued use over the years has highlighted their undeniable role in the daily lives of forest-adjacent communities.

Chief Minister Sukhu’s directive to the Forest Department to take “appropriate legal steps” underscores the balancing act between developmental imperatives and environmental compliance. The State Government appears committed to presenting its case in court through a review petition, seeking post-facto approval of these roads in light of their essential nature and the time of their construction — prior to the enforcement of the FRA in the state.

The presence of key cabinet members at the meeting, including Industries Minister Harshwardhan Chauhan and Rural Development and Panchayati Raj Minister Anirudh Singh, reflected the multi-departmental concern over the issue. Also present were Additional Chief Secretary K.K. Pant, Secretary Law Sharad Kumar Lagwal, and Additional Principal Chief Conservator of Forest Sanjay Sood, among other senior officials, indicating the seriousness with which the state administration is approaching the matter.

This step comes at a time when Himachal Pradesh is grappling with the dual challenge of preserving its fragile ecology while ensuring that its people, especially in the interior and rural belts, are not deprived of basic connectivity. Environmental regulations such as the Forest Conservation Act are crucial for sustainable development, but many argue that their rigid retrospective application to infrastructure built decades earlier often puts mountain communities at a disadvantage.

Legal observers point out that the state government’s decision to file a review petition could set a precedent for other hill states where similar situations may exist — roads and infrastructure created under pressing public needs but without formal clearances, long before the FRA was enacted or adopted. The outcome of this petition will therefore be closely watched by other states, policy makers, and environmental watchdogs alike.

What adds further weight to the state’s case is the larger social and developmental context. These roads are not simply rural thoroughfares but are lifelines for communities who otherwise remain cut off during harsh winters, monsoon landslides, or medical emergencies. For many, the question is not one of legality alone, but one of equity, inclusion, and the right to development for forest-dependent communities.

If the court allows the regularization of these roads, it could unlock new possibilities for planned and regulated infrastructure upgrades in forest areas — without reversing the spirit of conservation. However, the decision will also demand stringent environmental safeguards going forward, to ensure that any such concessions are not misused or extended to newer unauthorized constructions.

As the Himachal Pradesh government prepares its legal argument, it is clear that the issue has grown beyond administrative boundaries to become a larger question of harmonizing development with ecological justice. With the review petition set to be filed before May 10, the coming weeks may see a critical turning point in how India addresses the intersection of environmental law and ground realities in its forest regions.

#HimachalForestRoads #SukhvinderSinghSukhu #ForestAct1980 #PublicInterestDevelopment #LegalRecourse

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