TNR News Network
New Delhi/Shimla:
Former Shimla Deputy Mayor and CPM leader Tikender Singh Panwar has filed a petition in the Supreme Court challenging a recent Himachal Pradesh High Court directive ordering the cutting of apple trees grown on encroached forest land.
The petition raises serious environmental, economic and constitutional concerns over the blanket clearance of fruit-bearing trees across the state.
Panwar, along with advocate and activist Rajiv Rai, argued that the Himachal Pradesh High Court’s July 2 order directing the forest department to uproot apple trees and replace them with forest species was issued without conducting a proper Environmental Impact Assessment (EIA). The petition maintained that the decision lacked due consideration for ecological consequences and violated principles enshrined in environmental and constitutional law.
Thousands of trees already felled
The petitioners submitted that nearly 4,000 apple trees had already been cut down in areas such as Chaithla, Kotgarh and Rohru in Shimla district. State records indicate that nearly 50,000 trees could face the axe in the coming weeks if the order is fully implemented. “These orchards are not just sources of income but also play a crucial role in maintaining soil integrity, preventing erosion and supporting local ecosystems,” the plea noted.
The plea criticised the timing of the operation, highlighting that monsoon-induced landslide and erosion risks are significantly aggravated by such mass tree-felling in an ecologically sensitive zone. It argued that the decision contravenes judicial precedents that require environmental assessments prior to projects with potential ecological fallout.
Order challenged for bypassing due process and violating rights
Tikender Panwar contended that the Himachal Pradesh High Court’s order undermined the right to livelihood protected under Article 21 of the Constitution. The petition terms the directive as “arbitrary and disproportionate”, claiming it failed to meet the standards of reasonableness and proportionality laid out by the Supreme Court in past judgments, including the TN Godavarman Thirumulpad and Coimbatore Cooperative Bank cases.
The petition calls for more balanced and sustainable alternatives to tree felling. These include proposals such as acquisition of orchards for public use, auctioning of fruit and timber or integrating the produce into cooperative or disaster relief programmes, all aimed at preserving both livelihoods and the environment.
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