Apple orchards on Forest land: SC permits fruit auction, halts tree felling order
Old photo. Used for indicative purpose only
New Delhi, July 28,
The Supreme Court has granted an interim stay on the Himachal Pradesh High Court’s July 2 order directing the immediate removal of apple orchards from forest lands deemed encroached. Importantly, while staying the directive on tree felling, the apex court has clarified that the State government is free to proceed with the auction of fruits from the ongoing harvest—providing significant relief to orchardists and the administration alike.
The stay was granted in response to a Special Leave Petition (SLP) filed by Tikender Singh Panwar, former Deputy Mayor of Shimla, and advocate Rajiv Rai, challenging the constitutional and ecological validity of the High Court’s order. The petition was heard by a bench comprising Chief Justice of India, Justice K. Vinod Chandran, and Justice N.V. Anjaria, which also issued notice to the State and allowed service through its Standing Counsel. Advocate-on-Record Sugandha Anand accepted the notice on behalf of the State government. The matter has been tagged with another connected petition for future hearings.
The petitioners contended that the High Court’s directions were issued without a scientific Environmental Impact Assessment (EIA) and ignored established legal principles such as sustainable development, the precautionary principle, and the right to livelihood under Article 21 of the Constitution. According to the SLP, more than 3,800 mature apple trees had already been felled in regions like Chaithla, Kotkhai, and Rohru as a result of the order—a move the petitioners described as irreversible and arbitrary.
The plea also underscored the ecological and economic importance of apple orchards in Himachal Pradesh, citing their role in carbon sequestration, soil preservation, and sustaining rural livelihoods. While acknowledging the importance of forest conservation, the petition argued that blanket removals without rehabilitation measures or compensation were disproportionate and damaging to both communities and the environment.
Though the Himachal Pradesh government had also resolved to challenge the High Court’s decision, it was Panwar and Rai who moved the Supreme Court first. With the stay now in effect, felling operations are expected to halt immediately, offering temporary relief to affected communities.
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The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
