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  • By Legal Correspondent
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Supreme Court Seeks Centre’s Stand on Himachal Policy to Regularise encroachment on forest land

NEW DELHI/SHIMLA, AUGUST 21: The Supreme Court on Thursday directed the Centre to clarify its stand on the Himachal Pradesh Government’s policy for regularisation of  encroached land, putting the ball in the Central Government’s court on the contentious issue affecting thousands of farmers and orchardists in the state.

The matter came up before the Supreme Court in a plea concerning the eviction of families and farmers from land under their occupation, particularly in Shimla, Kullu and Mandi and other districts. During the hearing, the Himachal Pradesh Government informed the court that since the land in question falls under forest land, its transfer or allotment cannot be made by the state government alone and requires approval under the Forest (Conservation) Act, 1980.

The state government has already framed a policy for regularisation of such land after its approval by the Cabinet and placed the matter before the Supreme Court for adjudication.

The Supreme Court has now sought the Centre’s response on the policy and directed that its stand be conveyed to the court at the next hearing.

The issue has its roots in earlier orders of the Himachal Pradesh High Court directing eviction from encroached forest land.

 The orders had triggered considerable concern among farmers and orchardists, with the Himachal Kisan Sabha and Apple Growers’ Association opposing the proposed evictions and the cutting of fruit-bearing trees.

The NGOs led by Tikender Singh Panwar subsequently approached the Supreme Court seeking protection from eviction and felling of trees.

The farmers’ organisations have maintained that the issue concerns not merely encroachment but the livelihood and survival of poor families and horticulturists who have been cultivating the land for years.

They have demanded a policy-based solution instead of mass eviction.

In its campaign, the Himachal Kisan Sabha has also urged the Centre to amend the Forest (Conservation) Act, 1980, to enable state governments to regularise land for agricultural and horticultural purposes in deserving cases.

The latest Supreme Court proceedings are being viewed as a significant development, as the state government’s policy now requires the Centre’s position before the matter can move forward.

 The next hearing is expected to be crucial, with the court seeking an urgent response from the Central Government.

The Himachal Kisan Sabha said the struggle would continue until poor families and farmers facing eviction receive a permanent solution and their livelihoods are protected.

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