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Himachal HC reiterates orders of statewide removal of apple orchards from encroached forest land
In its July 14 order, the HC clarified that the directive for removal of apple orchards applies uniformly to all encroachments and not just those where individuals are attempting to reoccupy vacated forest land
In a significant development in the ongoing litigation concerning forest land encroachments, the Himachal Pradesh high court reaffirmed its earlier order directing the state to remove all apple orchards raised on encroached government and forest lands across the state.
In its July 14 order, the HC clarified that the directive for removal of apple orchards applies uniformly to all encroachments and not just those where individuals are attempting to reoccupy vacated forest land.
The clarification comes amid confusion over the scope of the court’s July 2, 2025, directive, following which the advocate general had submitted that eviction actions were being conducted only in cases where encroachers were reasserting possession. The court rejected interpretation terming them as “misconceived”.
“Order for removal of apple trees from forest land is not limited to the orchards where attempts are being made to re-occupy government land… the state is expected to deal with all cases in equal terms,” ruled the division bench comprising justice Vivek Singh Thakur and justice Bipin C Negi.
The HC said that the all apple trees and orchards planted on forest/government land must be removed and the cost of felling, stump removal, and reforestation shall be recovered from the encroachers as arrears of land revenue.
The HC also said that monsoon period should be utilised to replant forest species in cleared areas, either through the forest department or with the support of NGOs and private organisations.
The court emphasised that apples are non-forest species and maintaining such orchards would impose a burden on the state, besides potentially damaging nearby legal orchards due to lack of proper pesticide management.
The court also noted with concern that some evicted persons were placing hail nets and other infrastructure to protect apple crops on forest land, showing repeated attempts at illegal reoccupation. “Such orchards, if permitted to exist, will cause huge loss to neighboring, legally held orchards. The government must act without discrimination,” the Court observed, citing Article 14 of the Constitution regarding equality before the law.
The case would now come up for hearing on July 16.
Meanehile, Himachal Kisan Sabha and the Himachal Seb Utpadak Sangh that held a meeting in Kotkhai on Tuesday have decided to hold gherao HP Secretariat on July 29
