SC to Hear Ex‑Shimla Deputy Mayor’s Plea on July 28 Against HC Order Removing Apple Orchards

SC to Hear Ex‑Shimla Deputy Mayor’s Plea on July 28: The Supreme Court will hear on Monday the plea of former Shimla Deputy Mayor Tikender Singh Panwar and activist advocate Rajiv Rai challenging the Himachal Pradesh High Court order to remove fruit-bearing apple orchards from encroached forest lands.

A bench of Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria will hear the plea.

The plea says the high court in its July 2 order directed the forest department to remove the apple orchards and plant forest species in their place and recover the cost from encroachers as arrears of land revenue.

"The petitioners submit that the said 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," the plea said.

It says large scale tree felling especially during monsoon season increases the risk of landslides and soil erosion in Himachal Pradesh which is seismically active and ecologically sensitive.

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"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 submitted that the high court’s order which mandates removal of apple trees without conducting comprehensive Environmental Impact Assessment is arbitrary and violative of precautionary principle which is a corner stone of environmental jurisprudence.

The plea says destruction of these orchards threatens not only environmental stability but also the fundamental right to life enshrined under Article 21 of the Constitution.

"The high court's order lacked the requisite EIA to assess its environmental and socio-economic impacts, thereby violating the principles of reasonableness and proportionality as elucidated in cases such as Coimbatore District Central Co-operative Bank.

"The felling of apple trees during the monsoon season exacerbates ecological risks, including landslides and soil erosion, contradicting judicial mandates for environmental assessments as seen in T N Godavarman Thirumulpad vs. Union of India," the petitioners said.

They say the economic implications are equally severe as apple cultivation is a vital component of Himachal Pradesh’s economy and its destruction will affect the livelihood of small scale farmers thereby infringing upon their right to life and livelihood.

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"In lieu of destructive felling, the petitioners propose sustainable alternatives, such as state acquisition of orchards for public purposes, auctioning of fruit and timber, or utilisation of resources for farmer cooperatives or disaster relief initiatives. These measures would align with the principles of sustainable development, balancing environmental conservation with economic imperatives," the plea said.

Panwar said as of July 18 reports indicate that over 3,800 apple trees have been cut in areas like Chaithla, Kotgarh and Rohru and plans are to cut up to 50,000 trees across the state.

"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," he submitted in his plea.

Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu on July 17 said the state government is not in favour of cutting apple laden trees from encroached forest land and should be given time to auction the produce.

He said a meeting will be convened with horticulture minister and other senior officers soon to explore the legal aspects of this issue and the basis on which the Supreme Court will be approached.

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