Axe falls on Forests, but not on policy paralysis
Old photo. Used for indicative purpose only
Shimla, July 14,
In the apple-rich slopes of Jubbal-Kotkhai, chainsaws have become the instrument of justice. Acting under strict directions from the Himachal Pradesh High Court, the Forest Department has begun clearing forest land of what the system calls “encroachments.” Hundreds of apple and pear trees—many of them decades old—now lie felled in what is being described as the beginning of a wider campaign to reclaim forest territory.
But is the axe truly falling on illegality—or on the legacy of administrative inertia and political silence?
This latest eviction drive is taking place under Section 163 of the Himachal Pradesh Land Revenue Act, 1954. The court has not only ordered the removal of illegal settlers but also mandated that the cost of cutting trees and associated expenses be recovered from the encroachers. While the judiciary has acted with resolve, it has done so in a vacuum created by the state government’s prolonged indecisiveness.
There is no denying that encroachments on forest land are a real issue. Yet, when thousands of families, many of whom have been cultivating the land for generations, suddenly find themselves labelled as illegal occupants, the question shifts from legality to legitimacy. After all, these are not recent land-grabbers; many settled during or after the Emergency of 1975, when the government itself allotted land to the landless poor, often informally. Over the years, trees planted and nurtured by these communities became a source of both livelihood and identity.
The crux of the problem lies in the disconnect between central laws and state action. The Forest Rights Act (FRA), a 2006 legislation, explicitly grants traditional forest dwellers legal rights over the land they have been dependent on for generations. The Supreme Court, too, has reiterated that no eviction should be carried out without verification of such rights. Yet, in Himachal Pradesh, this crucial step—verification—has largely remained on paper.
This isn’t the first time the issue has surfaced. In 2002, the Himachal government floated a scheme to regularize encroachments. Lakhs of people responded, filing affidavits and declaring their land usage. The government even identified over 1.23 lakh bighas of encroached land in 57,000+ cases. But the scheme was stalled in court and eventually faded into obscurity. The only thing that remained was the backlog—and growing anxiety among rural communities.
Fast forward to 2025, and we are still circling the same problem. Public interest litigations, court-mandated reports, and now Special Investigation Teams (SITs) led by district officials—all signal an institutional response. A recent affidavit by the Principal Chief Conservator of Forests (PCCF) confirms that over 80,000 cases of encroachment exist across nearly 5,700 hectares of forest land. But of these, only about 10,000 have been cleared. Clearly, enforcement is the tip of the iceberg. Beneath it lies a labyrinth of legal, social, and ethical complexities.
What’s conspicuously missing is political courage. Despite knowing the depth of the crisis, no government—past or present—has dared to bring the issue to the legislative floor for a conclusive resolution, have stated the the Kissan sabha in a media conference. No special Assembly session has been called.
“No joint roadmap has been framed under the FRA to differentiate between genuine settlers and opportunistic encroachers,” added the Sanjay Chauhan of the leftist organisation.
In the absence of such clarity, felling fruit-bearing trees and evicting families becomes not just a legal act but a moral conundrum. It pits environmental conservation against human survival, judicial authority against executive failure, and the rule of law against lived reality.
If anything, this is a moment of reckoning. The numbers, the trees, and the land records all point to a deeper problem—one that cannot be solved by saws and court orders alone. What is needed is a comprehensive, bipartisan policy built on empathy, legality, and foresight.
Until then, the question lingers like the scent of fresh-cut wood in the hills: Can enforcement without reform truly restore justice? The Government should should immediately file an affidevit in the court and inform them that the citizens with upto 5 bighas of land shall be given the right by way of a amendment in the Act, demanded Rakesh Singha.
About the Author
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.
