Sunil Chadha
Shimla: What began as a legal fight led by a former municipal deputy head has ended in major relief for lakhs of apple orchardists in Himachal Pradesh, with the Supreme Court stepping in to stop the felling of fruit-laden trees raised on encroached forest land. The top court’s intervention, prompted by petitions spearheaded by former Shimla Deputy Mayor and CPM leader Tikender Singh Panwar, has brought respite to growers staring at the loss of their standing crop and livelihoods.
Setting aside the Himachal Pradesh High Court’s July 2 order, the Supreme Court ruled that directing the removal of fruit-bearing orchards had serious social and economic consequences and should not have been passed in the first place.
Citizen-led challenge reaches Supreme Court
Panwar, along with activist advocate Rajiv Rai, had moved the apex court after the high court asked the forest department to uproot apple orchards from encroached land and replant forest species, with costs to be recovered from cultivators. The petitioners argued that the order disproportionately hit marginalised and landless families who depend almost entirely on apple cultivation for survival.
Taking note, a Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi observed that the issue squarely fell within the policy domain. “The high court erred in issuing directions with such drastic consequences,” the Bench said, while staying the implementation of the order to fell fruit-bearing trees.
Livelihood, not just land, at stake: SC
The Supreme Court underscored that apple orchards cannot be viewed in isolation as mere encroachments. It noted that large-scale cutting of trees, particularly during the monsoon, could trigger landslides and soil erosion in the ecologically fragile hill state, apart from destroying the economic backbone of thousands of rural households.
At the same time, the court clarified that the state government was not restrained from taking action against encroachments on forestland, but such steps must be balanced with welfare considerations. It asked the Himachal government to frame a proposal and place it before the Centre to support landless and vulnerable sections affected by the issue.
Growers hail Panwar’s role, sustain demands
Apple grower bodies and farmer unions hailed the verdict, crediting Panwar for carrying their concerns to the highest court. Growers pointed out that reports had already indicated the felling of over 3,800 apple trees in belts such as Chaithla, Kotgarh and Rohru, with plans to remove tens of thousands more before the Supreme Court stepped in.
Apple Growers Association leaders said the ruling had averted an immediate crisis but added that their agitation would continue until concrete rehabilitation measures, including land rights for poor and disaster-affected families, were put in place. Farmer leaders described the judgment as a victory born out of sustained public resistance, calling it a reminder that citizen-led intervention can still shape outcomes with wide social impact.
