Shimla, July 15:
The Himachal Pradesh High Court came down heavily on illegal encroachments over forest land, clarifying that all apple orchards raised on forest land—irrespective of re-occupation attempts—must be removed across the state, as part of its earlier directions.
A division bench comprising Justices Vivek Singh Thakur and Bipin C. Negi, while hearing two connected PILs (CWPIL No. 17 of 2014 and 9 of 2015), made it clear that there will be no exceptions to the felling order, which now applies to all encroached areas, not just those where evicted growers have allegedly tried to return.
The court's reaffirmation came after the Advocate General Anup Rattan, along with Additional Advocate General Varun Chandel, submitted instructions from the Additional Chief Secretary (Forest) and Director General of Police, backed by communication from DFO Theog, pointing to repeated attempts by evicted orchardists to regain possession of forest land.
In some cases, hail nets had reportedly been reinstalled over apple crops—evidence that encroachers were attempting to resume operations.
“The direction of removal of apple plants was always with respect to all orchards raised on government/forest land, not just those with re-occupation attempts,” the bench clarified, adding that any selective action by the State would violate Article 14 of the Constitution, which guarantees equality before the law.
The court also took note of the administrative challenges faced by the forest department in micro-managing private orchards and reiterated that apple trees are not forest species.
Since they require chemical sprays like pesticides and fungicides, the court observed that such upkeep is impossible for any government department and may harm adjacent legal orchards.
Clear Directives to the State:
The High Court ordered the government to:
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Remove all apple trees/orchards from previously encroached forest land in entire Himachal Pradesh.
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Replace these orchards with forest species, wherever possible, during the ongoing monsoon season—ideal for reforestation.
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Work in collaboration with NGOs or private agencies experienced in plantation activities.
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Recover the cost of tree removal, stump clearing, and forest plantation from the encroachers as arrears of land revenue.
On the administrative side, the court also allowed minor procedural corrections in connected applications and exempted certain applicants from physical appearance due to personal circumstances.
The court accepted a request for Ms. Daya’s absence for the day but directed her to be present on the next hearing.
What’s Next?
The State has been directed to file fresh instructions and responses by July 15, ensuring that all relevant documents are on record before the next hearing scheduled on July 16, 2025.
While the move has found support among conservationists who argue for ecological restoration, it has also drawn criticism from farmer groups and political activists who view it as state apathy towards traditional livelihoods of poor farmers.
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