SC quashes Himachal HC order on removal of apple orchards from forest land Big relief to small and marginal.
New Delhi, Dec 17:
In a major relief to lakhs of apple growers in Himachal Pradesh, the Supreme Court on Tuesday set aside a Himachal Pradesh High Court order that had directed the removal of fruit-bearing orchards from encroached forest land.
A bench headed by Chief Justice Surya Kant and Justice Joymalya Bagchi held that the High Court erred in issuing directions with “very drastic consequences”, particularly impacting marginalised and landless sections dependent on apple cultivation for livelihood.
The apex court observed that the issue squarely falls within the policy domain and said the High Court should not have passed orders that would inevitably lead to the cutting of fruit-bearing trees. However, it clarified that the state government is not barred from taking action against encroachments on forest land, but such action must be balanced with welfare considerations.
The court directed the Himachal Pradesh government to formulate a proposal keeping in view the objectives of a welfare state and place it before the Centre for necessary action and compliance.
The verdict came on pleas filed by the state government challenging the High Court’s July 2 order, along with petitions by former Shimla deputy mayor Tikender Singh Panwar and activist-lawyer Rajiv Rai. On July 28, the Supreme Court had stayed the High Court’s order, noting that lakhs of people would be affected, especially during the monsoon season.
The High Court had directed the forest department to remove apple orchards from forest land and replace them with forest species, while ordering recovery of costs from encroachers as arrears of land revenue.
Challenging the order, the petitioners argued that it was arbitrary, disproportionate and violative of constitutional, statutory and environmental principles. They warned that large-scale felling of fruit trees during the monsoon would increase the risk of landslides and soil erosion in the ecologically fragile and seismic-prone hill state.
The pleas emphasised that apple orchards contribute to soil stability, support biodiversity and form the backbone of Himachal Pradesh’s rural economy. The petitioners contended that the blanket removal of orchards without a comprehensive environmental impact assessment violated the precautionary principle and the constitutional right to livelihood under Article 21.
They further pointed out that as of July 18, more than 3,800 apple trees had already been felled in areas such as Chaithla, Kotgarh and Rohru, with plans to remove up to 50,000 trees across the state.
The enforcement of the High Court order, they said, had led to the destruction of fruit-laden trees, triggering widespread public distress and criticism.
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