Ex-Shimla dy mayor moves SC against HC order over removal of apple orchards

Hindustan Times

4 days ago

New Delhi, Former deputy mayor of Shimla has moved the Supreme Court challenging the Himachal Pradesh High Court order that directed the government to remove fruit-bearing apple orchards from encroached forest lands. Ex-Shimla dy mayor moves SC against HC order over removal of apple orchards
The plea filed by former deputy mayor Tikender Singh Panwar and activist advocate Rajiv Rai said the high court in its July 2 order has directed the forest department to remove the apple orchards and to plant forest species in their place, with costs to be recovered 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 said such large-scale tree-felling, particularly during the monsoon season, significantly heightens the risk of landslides and soil erosion in Himachal Pradesh, a region characterised by its seismic activity and ecological sensitivity.
"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 the blanket removal of apple trees, without conducting a comprehensive Environmental Impact Assessment , is arbitrary and contravenes the precautionary principle, a cornerstone of environmental jurisprudence.
The plea added that the destruction of these orchards threatens not only environmental stability but also the fundamental right to livelihood 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 said the economic ramifications are equally severe, as apple cultivation is a vital component of Himachal Pradesh's economy, and its destruction threatens the livelihoods of small-scale farmers, thereby infringing upon their constitutional right to life and livelihood.
"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 felled in areas like Chaithla, Kotgarh and Rohru, with plans to remove 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 felling apple-laden trees from encroached forest land and that it should be given time to auction the produce.
He said a meeting will be convened with the 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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