Supreme Court stays HC order on axing apple orchards on encroached forest land
Hearing a special leave petition moved by former deputy mayor of Shimla, Tikender Singh Panwar, and advocate Rajiv Rai, to prevent irreversible ecological and socio-economic harm in the ecologically fragile Himalayan state, the apex court put the state govt on notice along with other respondents to file a reply by Sep 16.
After Himachal advocate general Anup Kumar Rattan submitted that the state govt has also challenged the high court orders, but its special leave petition was not listed on Monday, the apex court directed that both cases be tagged together.
The bench was informed that implementing the HC order will lead to destroying 50,000 to one lakh apple trees across the state, out of which around 5,000 have already been brought down in Shimla district, petitioner's counsel Subhash Chandran KR told TOI.
Such large-scale tree felling, particularly during the monsoon season, significantly heightens the risk of landslides and soil erosion in Himachal Pradesh, a region known for its seismic activity and ecological sensitivity, the petitioners stated.
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It was highlighted that 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.
They further mentioned that the destruction of these orchards threatened not only environmental stability but also the fundamental right to livelihood enshrined under Article 21 of the Constitution.
Instead of felling the trees, the petitioners proposed 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.
The petitioners also pointed out that the high court order disregarded the Supreme Court precedents that stress on the state's obligation to safeguard citizens' livelihoods, particularly in regions where agriculture is a primary economic activity.
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