MP High Court Says Army Projects Will Not Be Hit By Tree-Cutting Restrictions

The Madhya Pradesh High Court has clarified that its earlier order restraining the cutting, pruning or transplantation of trees across the State without prior permission would not apply to defence and security infrastructure projects exempted under the Forest (Conservation) Amendment Act, 2023. The clarification came while hearing an application moved by the Indian Army in an ongoing environmental matter concerning large-scale tree protection in the State.

A Division Bench comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf observed that projects linked to national security and defence infrastructure stand specifically exempted under Section 1A of the amended Forest (Conservation) Act, 1980. The Court accordingly modified its earlier interim order dated November 26, 2025, which had directed that “no trees shall be cut, pruned or transplanted in any manner in the State of Madhya Pradesh except with the prior permission of the Committee constituted by the National Green Tribunal and the concerned Tree Officer.”

The Indian Army had approached the Court through an interlocutory application, contending that the blanket restriction was affecting the construction of security-related infrastructure projects proposed in sensitive areas. Appearing for the Army, Deputy Solicitor General S.M. Guru referred to the Forest (Conservation) Amendment Act, 2023 and drew the Court’s attention to Section 1A, which excludes certain categories of land and projects from the operation of the Act.

The provision specifically exempts forest land situated within one hundred kilometres of international borders, the Line of Control or the Line of Actual Control where strategic linear projects of national importance are proposed. It also exempts up to ten hectares of land proposed for security-related infrastructure and certain defence projects or paramilitary camps.

The Bench recorded that details of the projects proposed by the Indian Army were produced before the Court in a sealed cover. After perusing the contents, the Court returned the documents to the counsel appearing for the Army.

Clarifying the scope of its previous order, the Bench stated, “Since the Forest (Conservation) Act makes an exception inter alia with regard to proposed construction of security related infrastructure, we clarify our order dated 26.11.2025 that the said order shall not be applicable in respect of the categories of land, which are specifically exempted in terms of Section 1A of the Forest (Conservation) Act, 1980.”

The Court’s clarification is likely to bring immediate relief to defence authorities engaged in infrastructure development in strategically important areas, while also balancing the broader environmental concerns that led to the original tree protection directions.

Senior Advocate Aditya Sanghi appeared with Advocate Alka Singh for the petitioners. Advocates Amalpushp Shroti, H.S. Gupta, B.P. Pathak and Ambikesh K. Shukla also appeared in the matter. Government Advocate Anubhav Jain represented the State, while Advocate Kavita Ahirwar appeared for the National Highways Authority of India.

The batch of petitions has now been directed to be listed for further consideration on June 30, 2026. The interim protection granted by the Court, as modified through the present clarification, will continue till further orders.

Case Title: Neeraj Garg v. Union of India and Others

Date of Order: May 13, 2026

Bench: Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf