SC stays Himachal HC order to cut apple trees on forest land, former Dy Mayor Tikender turns saviour for Shimla orchardists

TNR News Network
New Delhi/Shimla:
The Supreme Court on Monday (July 28, 2025) stayed the Himachal Pradesh High Court’s July 2 order directing the felling of apple trees grown on encroached forest land. The apex court intervened following a petition filed by former Shimla Deputy Mayor Tikender Singh Panwar and advocate Rajeev Rai.

A bench comprising Chief Justice BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria passed the stay order while hearing the plea. The petitioners argued that the High Court’s directive to the forest department to remove apple orchards and replace them with native species, while also recovering costs as land revenue arrears, was arbitrary and irrational. They warned that enforcing such an order during the monsoon season could lead to irreversible ecological and socio-economic damage in the fragile Himalayan region.

Apple orchards more than just encroachments

In their plea, the petitioners contended that apple orchards planted on forest land were not mere encroachments but vital ecological buffers. They contribute to soil stability, offer habitats for wildlife and act as a critical source of livelihood for thousands of farmers. Removing these trees, they said, especially during the monsoon, could trigger landslides and soil erosion in a state already vulnerable to seismic and ecological disturbances.

No legal action yet from Congress govt

Notably, the stay was granted in response to a public petition, not a legal challenge by the Himachal Pradesh government. This has raised questions over the state’s position on an issue that affects thousands of fruit growers and rural families. The case was argued in the Supreme Court by advocate Subhash Chandran.

Meanwhile, political pressure continues to build. The Himachal Kisan Sabha and apple growers’ associations have announced a protest on July 29 at the State Secretariat in Shimla. They are demanding a complete halt to evictions, house demolitions and any enforcement of the HC order until a long-term resolution is reached.

Farmers call for protection, not punishment

The upcoming protest is expected to highlight the wider issue of land rights, environmental conservation, and rural livelihoods. Organisers say they will urge the state government to intervene legally and protect farmers and orchard owners from what they call a “one-sided judicial order” that fails to account for generational livelihood dependency on these lands.

The case will be closely watched as it continues in the Supreme Court, especially given the delicate balance it poses between environmental restoration and rural survival in Himachal Pradesh.