HP High Court seeks transparency in forest evictions, slams irregularities in Kotkhai

The Himachal Pradesh High Court on Wednesday directed the state government to ensure uniform and transparent action against all forest land encroachers after reports of large-scale irregularities in eviction drives in Chaithala village, Kotkhai area came to light. The matter was heard by a Division Bench of Justice Vivek Singh Thakur and Justice Bipin Chandra Negi, which also sought a fresh status report on the implementation of previous orders.

During the hearing, the state government informed the court that around 300 bighas of forest land had been cleared and approximately 3,800 apple trees illegally planted on these lands were felled in compliance with the court’s directives issued in CWPIL No. 17 of 2024 and CWPIL No. 09 of 2015. The government affidavit clarified that no policy exists to regularize encroachments of 5 or 10 bighas and admitted that it is unable to manage the illegal orchards, which necessitated their removal.

However, the court expressed concern over administrative lapses and repeated encroachments, observing that several orchardists had re-occupied land even after earlier eviction. The Bench noted discrepancies between past eviction records and ground realities, questioning how apple trees aged between 10 and 70 years were found on land previously reported as cleared.

The court also took a stern view of the misuse of the 2015 five-bigha exemption policy, which was allegedly exploited through fake documents in the names of family members, relatives, and even deceased persons. “How can 650 trees be planted in just five bighas?” the Bench remarked, indicating the need for accountability of officials involved in preparing false reports.

The court directed the Forest Department to expedite reforestation of the cleared land, terming apple trees as non-forest species. It further ordered the government to prepare a digital, GIS-based eviction tracking system to prevent future irregularities and to initiate an inquiry against erring officials.

Meanwhile, local resentment is growing in Kotkhai, where farmer unions have called the eviction drive “unscientific and inhuman.” The Himachal Apple Growers Association and Kisan Sabha have announced a state-wide protest and a Secretariat gherao on July 29, demanding a halt to the felling of orchards.

The case would now be taken up in the next hearing after the state submits its updated compliance report.