Supreme Court sets aside Himachal HC order on removal of orchards from forest land
The top court has directed the sate government to formulate a proposal for the central government to help the marginalised section and landless people
In a relief to lakhs of apple growers in Himachal Pradesh, the Supreme Court on Tuesday set aside the order of the high court directing removal of fruit-bearing orchards from encroached forest land and asked the state government to formulate a proposal for the Centre to help the marginalised section and landless people.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said the high court erred in passing the order, which has very drastic consequences affecting the marginalised section of the society and landless people in the area. It said that the issue falls in the policy domain, and the high court should not have passed the order which will ensure cutting of fruit-bearing trees.
The top court, however, said that action can be taken by the state government as far as encroachment on forest land is concerned.
It said the state government can formulate a proposal keeping in view the objective of the welfare state and place it before the Centre for necessary compliance. The top court was hearing a plea of the state government challenging the decision of the high court along with a plea of former deputy mayor Tikender Singh Panwar and activist Rajiv Rai, a lawyer.
Panwar and Rai had pointed out that lakhs of people were affected by the decision, especially in the monsoon season. Panwar had earlier said the high court in its July 2 order directed the forest department to remove the apple orchards and plant forest species in their place, with costs ordered to be recovered from encroachers as arrears of land revenue.
“The order is arbitrary, disproportionate and violative of constitutional, statutory and environmental principles, thereby necessitating the intervention of the Supreme Court to prevent irreversible ecological and socio-economic harm in the ecologically fragile state of Himachal Pradesh,” his plea had said.
Such large-scale tree-felling, particularly during the monsoon season, significantly heightens the risk of landslides and soil erosion in Himachal Pradesh, a region characterised by its seismic activity and ecological sensitivity, it has added.
“Apple orchards, far from being mere encroachments, contribute to soil stability, provide habitats for local wildlife and form the backbone of the state’s economy, supporting the livelihoods of thousands of farmers,” the plea said.
Panwar said the high court order, mandating the blanket removal of apple trees without conducting a comprehensive environmental impact assessment (EIA), was arbitrary and in contravention of the precautionary principle -- a cornerstone of environmental jurisprudence.
As on July 18, reports indicated over 3,800 apple trees were felled in areas like Chaithla, Kotgarh and Rohru, with plans to remove up to 50,000 trees across the state, Panwar said.
“The enforcement of this order, as evidenced in public reports, led to the destruction of fully fruit-laden apple trees, evoking widespread public distress and criticism,” the plea said.
