Relief for millions of orchard owners in Himachal Pradesh: Supreme Court overturns High Court’s decision, apple orchards will not be removed from forest land
The Supreme Court on Tuesday stayed the Himachal Pradesh High Court’s order directing the removal of fruit orchards planted on encroached forest land, affecting lakhs of apple growers in the state. The apex court directed the state government to submit a proposal to the central government to assist the marginalized sections and landless people.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi termed the High Court’s order as having serious consequences. The bench observed that the High Court erred in passing the order, which would have very serious repercussions and would affect the marginalized sections of society and landless people in the region.
The bench clarified that the issue falls within the policy domain and the High Court should not have passed an order that would ensure the felling of fruit-bearing trees. However, the apex court also said that action can be taken by the state government regarding the encroachment on forest land.
The Supreme Court said that the state government can prepare a proposal keeping in mind the objective of a welfare state and submit it to the Centre for necessary compliance. The apex court was hearing a petition filed by the state government challenging the High Court’s decision. It also heard a petition filed by former Deputy Mayor Tikender Singh Panwar.
The Supreme Court had earlier stayed the High Court’s order on the petitions filed by Panwar and Rai, who had emphasized that the decision would affect lakhs of people, especially during the monsoon season.
The petition had raised concerns about tree felling during the monsoon
Panwar had earlier stated that the High Court, in its July 2 order, had directed the Forest Department to remove the apple orchards and plant forest species in their place, also ordering the recovery of costs from the encroachers as arrears of land revenue. The petition argued that apple orchards contribute to soil stability, provide habitat for local wildlife, and are the backbone of the state’s economy, supporting the livelihoods of thousands of farmers. The petitioners had argued that large-scale tree felling during the monsoon season would significantly increase the risk of landslides and soil erosion. They also contended that the order to remove the orchards without conducting a comprehensive environmental impact assessment was arbitrary and unconstitutional, violating the right to livelihood.
Reports from July 18 indicated that more than 3,800 apple trees had been felled in areas such as Chailtha, Kotgarh, and Rohru. The plan was to remove 50,000 trees across the state. The petition stated, “Based on evidence from public reports, the implementation of this order resulted in the destruction of fully grown apple trees, causing widespread public distress and criticism.”
Sanjay Chauhan, secretary of the Apple Growers Association, welcomed the Supreme Court’s decision. He said that the apple growers would continue their struggle until disaster-affected, poor families and farmers were provided with up to five bighas of land. Rakesh Singha, state secretary of the Kisan Sabha (Farmers’ Union), dedicated the Supreme Court’s decision to the farmers, orchard owners, and the common poor people. He said that the farmers had been continuously struggling for this.
