SC stays Himachal HC order to Uproot Apple orchards on Forest land
Old photo. Used for indicative purpose only
Shimla, July 28,
The Supreme Court has granted a interim stay on the Himachal Pradesh High Court’s order dated July 2, 2025, which had directed the removal of apple orchards from forest lands deemed encroached, informed Tikender Singh Panwar. The stay was issued in response to a Special Leave Petition (SLP) filed by Panwar, former Deputy Mayor of Shimla, and Rajiv Rai, an advocate practicing before the Himachal Pradesh High Court. The matter was listed in a bench of Chief Justice, Justice K. Vinod Chandran and Justice N.V.Anjaria.
A detailed order in the matter is awaited, yet, however the court update about the stage of the matter stated ” Pending (Motion Hearing ….IA Allowed …., Notice Tag with …, Stay/Status quo-Ord dt:28-07-2025.”
The petition challenged the legality, environmental rationale, and socio-economic impact of the High Court’s directive, arguing that the blanket removal of fruit-bearing trees during the monsoon season would result in irreversible ecological damage and severely affect the livelihoods of thousands of farmers dependent on apple cultivation.
Also read: HP High Court orders immediate uprooting of Apple orchards on encroached forest land
In their petition, the applicants argued that the High Court’s order was passed without conducting a comprehensive Environmental Impact Assessment (EIA) and ignored scientific and constitutional principles, including the precautionary principle, sustainable development, and the right to livelihood under Article 21 of the Constitution. Citing landmark judgments such as Vellore Citizens Welfare Forum vs. Union of India, T.N. Godavarman vs. Union of India, and Olga Tellis vs. Bombay Municipal Corporation, the petitioners highlighted that the state’s hasty enforcement of the court’s order—particularly during monsoon—had already led to the destruction of over 3,800 mature apple trees across districts such as Chaithla, Kotkhai, and Rohru, with tens of thousands more facing a similar fate.
The SLP submits that while forest protection is critical, such drastic measures—without offering compensation, rehabilitation, or exploring alternatives—are arbitrary and disproportionate. It points out that apple orchards, though technically on forest land, contribute significantly to soil stability, carbon sequestration, and the rural economy, and that the state’s own infrastructure and fiscal constraints could have been better managed through options like auctioning the produce or acquiring the orchards for public benefit. The petition also notes that the felling operations, being carried out on a “war footing” as per the High Court’s direction, not only threatened environmental stability but also disregarded recent climate-related disasters linked to deforestation in the region.
The Supreme Court, after examining the arguments, stayed the operation of the High Court’s July 2 order and issued notices to the State of Himachal Pradesh, alongside other respondents. The petitioners had also moved applications seeking exemption from filing certified copies and permission to file the SLP despite not being parties before the High Court, submitting that their intervention was driven solely by public interest.
The tentative date for hearing of this matter has now been scheduled for 16 September, 2025.
With the stay now in place, ongoing orchard-clearing operations may come to a halt, at least temporarily, giving reprieve to affected communities. The matter is expected to be heard further in due course, and the final outcome may have far-reaching implications for land-use policy, environmental jurisprudence, and forest governance in India’s ecologically sensitive hill states.
Noteworthy that even the Himachal Pradesh government had also resolved to move Supreme court in the similar matter, however before they filed the matter, former Deputy Mayor of Shimla, took the charge.
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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.
