CHANDIGARH: In a significant U-turn before the National Green Tribunal (NGT), the Punjab government has assured that ecologically sensitive land released from protection under the Punjab Land Preservation Act (PLPA) and areas delisted under a 2011 notification will be excluded from the ambit of its Farm Stay Policy, 2026.
The assurance came during the hearing of petitions challenging the state's decision to include such land in the Tourism Department's Farm Stay Policy, 2026. The policy had triggered concerns that commercial tourism activities would be permitted on land that was earlier part of the protected forest cover under the PLPA. The state's Farm House Policy framed by the Housing and Urban Development Department has already been stayed by the NGT.
A bench comprising NGT Chairperson Justice Prakash Shrivastava and Expert Member Dr Afroz Ahmad recorded the Punjab government's submission that land released or delisted under the August 26, 2011 notification, as well as PLPA land, would stand excluded from the policy.
The tribunal noted the state's submission that the policy has not yet been implemented and that necessary amendments would be made to clarify the exclusion. It directed the government to place on record, within six weeks, an affidavit along with the amended policy. The interim order passed in connected matters will continue until the next hearing on September 18.
Senior counsel appearing for the Punjab government informed the tribunal that the impugned policy had not been given effect so far and reiterated that the amended policy would expressly exclude land covered by the 2011 notification and the PLPA.
The bench was hearing a batch of petitions, including Original Application No. 307 of 2026 filed by the Council of Engineers, which raised concerns over construction activity on Chandigarh's periphery and alleged that the Farm Stay Policy was an attempt to bypass environmental safeguards and judicial restrictions imposed on the earlier Low Impact Green Habitats (LIGH) Policy, 2025.
The petitions challenge the Tourism Department's policy issued on May 6, which permits farm stay units on agricultural land measuring at least one acre, allowing up to 10 per cent ground coverage, an FAR of 1:0.20, construction up to two storeys (ground plus one) with a maximum height of nine metres, and activities including boarding, lodging, farming experiences, fisheries, dairy and rural product sales.
The petitioners argued that the policy violates the state's own August 26, 2011 notification, issued pursuant to the Supreme Court's directions in the T.N. Godavarman Thirumulpad case. The notification delisted 65,670.26 hectares from the purview of the PLPA strictly for bona fide agricultural use and sustaining the livelihood of landowners, while expressly prohibiting commercial activities.
The petition also referred to a 2018 communication from the Conservator of Forests reiterating that, under the Forest (Conservation) Act, 1980, forest land cannot ordinarily be diverted for construction activities except for limited public utility purposes.
The NGT had issued notice to the Punjab government on the matter in May this year. The case will next be heard on September 18.
