New Delhi, Jul 28 (PTI) In a relief to apple growers in Himachal Pradesh, the Supreme Court on Monday stayed a high court order directing the removal of fruit-bearing orchards from encroached forest lands.
A bench of Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria was hearing a plea of former deputy mayor Tikender Singh Panwar and activist Rajiv Rai, a lawyer.
Appearing for Panwar, senior advocate P V Dinesh and advocate Subhash Chandran KR argued the high court had erred in its finding, which impacted lakhs of apple growers, especially in the monsoon season.
Panwar 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,” the plea 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 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 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.
Panwar said 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.
“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.
Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu on July 17 said the state government was not in favour of felling apple-laden trees from encroached forest land, stressing time ought to be granted to auction the produce. PTI MNL MNL AMK AMK
This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.