Harvest of illegality: Chaithla’s orchard empire faces judicial axe

A Supreme Court stay on the removal of forest land encroachments in Himachal Pradesh, following a High Court directive, has provided momentary relief to orchardists facing imminent eviction. The petition by former Shimla Mayor Tikender Singh Panwar and Roshan Rai sought a halt to tree felling, arguing that axing apple trees would hurt both livelihoods and the environment.

While this reprieve allows the harvesting of apple crop this season, many of those relieved are themselves beneficiaries of illegal land occupation. They had expanded their orchards deep into forest zones, capitalising on governance loopholes.

The crackdown began in earnest at Chaithla village in Kotkhai tehsil of Shimla district, now symbolic of blatant forest encroachment. In a swift and resolute action, the Forest Department chopped down fruit-laden trees, sending shockwaves across the hills.

On July 2, 2025, Justices Vivek Singh Thakur and Bipin C Negi of the Himachal High Court gave historical verdict to get rid of all types of encroachments in the state. Their unambiguous order demanded demolition of all illegal orchards, marking a decisive shift in forest governance. More than a corrective measure, it signalled a systemic pushback against the entrenchment of illegality—one that could ripple across the Himalayan states where environmental laws have long been overridden by vote-bank politics.

The origin of this legal battle stretches back to 2015, when Justices Rajiv Sharma and Tarlok Singh Chauhan (now Chief Justice of Jharkhand High Court) delivered a landmark judgment ordering eviction from forest lands. Yet, for a decade, political compromise and administrative inertia allowed the illegal expansion of orchards to flourish.

Chaithla: A village built on encroachment

Chaithla has earned notoriety as the nucleus of forest land encroachment. Investigative reports since 2015 have exposed how influential families grabbed forest land, turning it into lucrative apple orchards. Administrative silence and selective enforcement enabled this illegal wealth accumulation. The latest high court verdict could finally dismantle these profits and reclaim public land, with ramifications extending well beyond one village.

Influential families behind the takeover

Amicus Curiae filings before the High Court revealed names of at least 13 families from Chaithla and surrounding villages such as Nagpuri and Sevag Chaithla. These included Mast Ram Tajta, wife Batya Devi, and sons Dinesh and Naresh, who allegedly encroached upon nearly 60 bighas. Dinesh Tajta reportedly ran a separate orchard on similar land.

Pratap Chauhan and his brothers Rajesh and Rajpal were said to control over 50 bighas, with illegal apple packing centres on site. Jagdish Tajta, Virender Singh, Leela Chauhan, Leela Devi, Pradeep and Pramod were also named, having taken over between 15 and 40 bighas each. A 2015 government report confirmed that 28 out of 57 encroachers had occupied around 315 bighas, equivalent to 57 hectares, of forest land in Kotkhai.

Profits without ownership, subsidies without scrutiny

The scandal lies not only in the extent of encroachment but in the massive, illegal profits earned. These families, without owning land or bearing purchase costs, earned crores annually. A bigha of high-altitude apple orchards can yield produce worth Rs 1 lakh per year. Those with bigger holdings raked in Rs 12–18 crore annually; smaller holdings generated Rs 3–5 crore.

To add to this, subsidies meant for legitimate farmers were availed fraudulently. These included assistance for lift irrigation, anti-hail nets, fencing and even electricity. The illicit profits were invested in real estate, commercial ventures and upscale infrastructure—extending even into Shimla.

Kotkhai op: A serious turn in enforcement

For years, the Forest Department took action primarily against marginal farmers, sparing politically connected orchardists. But the High Court’s renewed directive this July changed the script. Enforcement began in Chaithla, where over 750 apple and pear trees were axed. The operation started with 93 trees linked to Dinesh Tajta and followed by 664 trees planted by Pratap Chauhan.

The court also ruled that the cost of uprooting trees and restoring native forest species would be recovered from encroachers as arrears of land revenue. Enforcement teams from police, revenue, and forest departments coordinated under a Special Operation Procedure (SOP). The District Magistrate imposed Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, temporarily prohibiting firearms in the area. All licensed weapons were deposited to pre-empt any resistance. Interestingly, no resistance was reported, indicating administrative readiness and the clarity of the judicial mandate.

Ripple effects across the hills

This operation has set off a broader movement across Himachal Pradesh. In Shimla district’s Kotkhai, Jubbal and Rohru areas, similar drives are underway. In Sarahan village of Kumarsain, not just apples but illegal cherry and pear trees were also removed. The old cycle of inaction appears to have been broken. Crucially, the rule of law is no longer being selectively applied.

The underlying message is stark: years of administrative silence allowed a innumerable well-connected families to build intergenerational wealth from stolen forest resources. While small farmers faced swift penalties, these crorepatis grew rich on land they didn’t own—subsidised, protected and unchallenged for years.

A test for the state

If the 2015 judgment was a wake-up call, the 2025 ruling is its long-overdue execution. Yet, the real test lies ahead. Will the reclaimed land be ecologically restored? Will re-encroachment be prevented? Will a strong deterrent be established to safeguard forests in the future?

The fall of Chaithla and other villages’ illegal orchard empires—built on silence, sustained by power and enriched by public subsidies—marks a rare convergence of judicial courage and administrative action. Whether it becomes a watershed in Himachal’s environmental governance depends on sustained political will and transparent enforcement.

(The writer is a senior political analyst based in Shimla.)