SC sets aside Himachal HC order directing removal of orchards from forest land

New Delhi, Dec 16 (PTI) In a relief to lakhs of apple growers in Himachal Pradesh, the Supreme Court on Tuesday set aside the order of the high court directing the removal of fruit-bearing orchards from encroached forest land and asked the state government to formulate a proposal for the Centre to help the marginalised section and landless people.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said that the high court erred in passing the order, which has very drastic consequences affecting the marginalised section of the society and landless people in the area.

It said that the issue falls in the policy domain, and the high court should not have passed the order which will ensure cutting of fruit-bearing trees.

The top court, however, said that action can be taken by the state government as far as encroachment on forest land is concerned.

It said the state government can formulate a proposal keeping in view the objective of the welfare state and place it before the Centre for necessary compliance.

The top court was hearing a plea of the state government challenging the decision of the high court along with a plea of former deputy mayor Tikender Singh Panwar and activist Rajiv Rai, a lawyer.

On July 28, the top court stayed the order of the high court on the plea of Panwar and Rai, who pointed out that lakhs of people were affected by the decision, especially in the monsoon season.

Panwar had earlier said the high court in its July 2 order directed the forest department to remove the apple orchards and plant forest species in their place, with costs ordered to be recovered from encroachers as arrears of land revenue.

"The 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," his plea had 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, it has added.

"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 said the high court order, mandating the blanket removal of apple trees without conducting a comprehensive environmental impact assessment (EIA), was arbitrary and in contravention of the precautionary principle -- a cornerstone of environmental jurisprudence.

The plea argued that the destruction of these orchards not only threatened 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 plea said.

The petitioners further argued that the felling of apple trees during the monsoon season exacerbated ecological risks, including landslides and soil erosion, contradicting judicial mandates for environmental assessments as seen in T N Godavarman Thirumulpad v. Union of India.

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, the petitioners added.

As on July 18, reports indicated over 3,800 apple trees were felled in areas like Chaithla, Kotgarh and Rohru, with plans to remove up to 50,000 trees across the state, Panwar said.

"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," the plea said. PTI MNL MNL KSS KSS