Explainer: When apple trees got a Supreme Court lifeline

The recent Supreme Court order setting aside the Himachal Pradesh High Court’s directive to cut down apple trees planted on encroached government and forest land in the state has elicited mixed reactions from apple growers. Following the HC order, the state Forest Department started felling apple trees and evicting people from the encroached forest land in July. Around 3,500 apple trees were cut in different villages in Kotkhai, Kotgarh and Rohru. The felling stopped when the Supreme Court stayed the order on July 28.While the order has brought relief to those with orchards on encroached land, many apple growers are disappointed and apprehensive, fearing it may lead to the regularisation of large-scale encroachments, along with encroachments made by small and marginal farmers.Policy formulationWhile overturning the High Court order to cut down apple trees, the Supreme Court asked the state government to formulate a policy to address the issue and send it to the competent authority for necessary approvals. The competent authority, in the case of forest land, would be the Central government. Incidentally, the lack of policy was one of the reasons that led to the High Court ordering the removal of these orchards from the encroached government and forest land.Following the Supreme Court order, Himachal is now all set to formulate a policy to address the issue that has been lingering on for over two decades now. “The Supreme Court order has given a huge relief to several people. The government will study the order in detail and then form a committee. The policy will address the larger public interest,” said Revenue Minister Jagat Singh Negi.Earlier EffortsA policy was made a decade back in which there was a provision of regularising encroachments up to 5 bighas of land. “The policy couldn’t be implemented. Now that the Supreme Court has ordered a formulation of policy involving the Centre, it will get fast-tracked,” the Minister said.Negi pointed out that the Supreme Court order will also help the government rehabilitate disaster-struck families. “Currently, the government can’t give even 1 biswa of forest land to the families who have lost their homes and agricultural land in natural disasters,” he added.The exact quantum of encroached land to be legalised is not known yet. This will be discussed and decided when the policy-making process begins. However, people on the ground are generally asking for the legalisation of up to 5 bighas of land. The 2015 policy provided for such a provision, and given that the Supreme Court order also focuses on landless sections, the policy will have to cater to the needs of the poor and the marginalised, not to the greed of the rich and powerful.“We are seeking regularisation of up to 5 bighas of land to ensure that the livelihood of the small and marginal apple growers isn’t affected,” said Sanjay Chauhan, a member of the state committee of the Seb Utpadak Sangh that had been spearheading the protest against the felling of orchards. “And if someone has over 5 bighas of encroached land, the government can formulate a policy on what needs to be done with the surplus land,” he added.Looking for pragmatic solutionsFormer Shimla Deputy Mayor Tikender Panwar, who had moved the Supreme Court against the High Court order on the felling of apple trees, feels the orchards on surplus encroached land should be managed by the Forest Department and the Horticulture Department. “The orchards can become a source of employment for the unemployed youth. These departments can hire local people to manage these orchards. It will be a win-win situation for everyone concerned,” said Panwar.Meanwhile, the growers who have not encroached on the government and forest land are clear that big and well-off encroachers should not benefit from this order. “Many individuals have encroached on big tracts of forest land, even over 50 bighas. First, they cut down thousands of deodar trees and made big money. And now, they are earning crores through the apple orchards planted at that site,” said one apple grower. “This large-scale illegal felling of forests and planting of apple orchards is one of the big reasons behind the erratic weather we are facing today,” he claimed.

Explainer: When apple trees got a Supreme Court lifeline

There’s been a mixed response to setting aside of HP HC order to cut orchards on encroached land

Subhash Rajta

Explainer: When apple trees got a Supreme Court lifeline

There’s been a mixed response to setting aside of HP HC order to cut orchards on encroached land

Subhash Rajta

Unlock Premium Insights in This Article