Shimla/Kotkhai, July 11, 2025 –
In a significant development, the Himachal Pradesh Forest Department is all set to launch a week-long drive to clear encroachments—primarily apple orchards—from forest land in village Chaithla of Kotkhai tehsil, district Shimla.
The action is being taken in compliance with the directions of the Himachal Pradesh High Court in CWPIL No. 14 of 2014 and CWPIL No. 12 of 2024.
The state government has banned green felling. Now the legal experts argue that the same government is cutting down green plants violating its own law.
Apple trees as carbon sinks, say experts adding cutting down of green trees is a crime as all green felling is illegal.
In Tara Devi, the government had sealed the private land and imposed fine after owner removed the green plants and shrubs from his land few years ago.
The government action is being viewed as illegal in view of green felling ban.
The move has come at a sensitive time, as the apple harvesting season is about to begin next month, triggering anxiety among local orchardists whose livelihoods are at stake.
To ensure peaceful execution of the court orders, the District Magistrate of Shimla, Anupam Kashyap, has imposed a ban on carrying arms in and around Chaithla village from July 12 to July 18, 2025.
According to the official order issued on Friday, all licensed arms holders in the area are required to deposit their weapons at the Kotkhai Police Station by July 12, where they will remain in custody until July 18.
The restriction on carrying weapons, however, will not apply to police personnel, paramilitary and security forces, government and non-government security staff, and other authorised agencies involved in the operation.
Sub-Divisional Magistrate (SDM) Kotkhai has confirmed that the forest department, under police protection, will begin removing illegal apple orchards from forest land as per the court's mandate.
However, the move has triggered strong opposition from several quarters. Non-Governmental Organisations (NGOs), the Seb Utpadak Sangh, and the Himachal Kisan Sabha have raised objections, arguing that the eviction drive is being carried out without properly considering the provisions of the Forest Rights Act, 2006, which recognizes the rights of forest dwellers and traditional cultivators.
“The administration must first verify the status of rights under the Forest Rights Act before demolishing livelihoods,” said a spokesperson of the Himachal Kisan Sabha.
The protesting groups claim that many small orchardists have been cultivating these lands for decades and deserve protection under the law.
The crackdown is part of a wider legal battle against illegal encroachments on forest land across Himachal Pradesh, particularly in apple-growing belts where such practices have allegedly become rampant.
Sources say the administration is taking all precautions to prevent any law and order issues, as previous anti-encroachment drives have seen strong resistance in some parts of the state.
Further legal and administrative action will be taken against those who fail to comply with the court's orders, officials warned.
#ForestEncroachment #HimachalHighCourt #AppleOrchards #ForestRightsAct #KotkhaiAction #⃣
Reactions:
[12/07, 10:50 am] Manoj: Can the Govt not follow a process, which it follows for diversion of forest land for non forestry purpose in case of public interest projects such as power projects, industry, roads, schools, colleges, hospitals etc., to safeguard interests of poor farmers whose only source of livelihood is the land.
Govt must intervene to ensure that each household must have at least between 5 - 10 bighas of land.
Govt should declare allotment of Govt land say upto 5 bighas to poor and marginal farmers as a public interest and then follow the due process for obtaining approval from MoEF for diversion of forest/govt land to identified poor and marginal farmers in public interest.
[12/07, 11:01 am] Prakshit Sood Karsog: It will like reviving the Nautor land rules in HP.
That law was abused to the hilt and influential people of the state obtained land from the govt.
[12/07, 11:05 am] Manoj kumar: Abuse or misuse of law does not mean that law ceases to exist. That will be an invitation to anarchy.
[12/07, 11:07 am] Prakshit Sood Karsog: Bending backwards to oblige encroachers and bringing retention policies time and again is leading to anarchy , what else.
Kameshwar Dhaulta High Court Lawyer: Such cases where farmers occupying government land uninterrupted and with the knowledge of government, enjoying peacefully for the past 30yrs can claim adverse posession and become lawful owners. The HC in a recent judgment has allowed right of occupier through adverse possession on government land enjoyed uninterrupted since 1963.
Manoj kumar, hydropowerexpert and apple farmer:
Sukan Devi case.
But I am of the view that even for future Govt can frame a policy for poor and marginal farmers.
You understand law much better. I think hon'ble High Court has only questioned the authority of state govt to divert forest land for non forestry purpose which authority according to the decision lies with MoEF, govt of India.
I dont think hon'ble court has barred state Govt from making proposals for sanctioning Govt land to marginal farmers in public interest by following a due process of obtaining approval from MoEF.
