Shimla ex-Dy Mayor moves SC against HC directive on felling of trees

Ex-Deputy Mayor of Shimla has moved the Supreme Court challenging the Himachal Pradesh High Court’s order to remove fruit-bearing apple orchards from encroached forest lands.

Filed by former Shimla Deputy Mayor Tikender Singh Panwar and activist advocate Rajiv Rai, the petition is likely to come up for hearing before a Bench led by Chief Justice of India BR Gavai on Monday (July 28).

The HC had on July 2 directed the Forest Department to remove the apple orchards and plant forest species in their place with costs to be recovered from encroachers as arrears of land revenue.

“The petitioners submit that the said order is arbitrary, disproportionate and violative of constitutional, statutory and environmental principles, thereby necessitating the intervention of the Supreme Court to prevent irreversible ecological and socio-economic harm in the ecologically fragile state of Himachal Pradesh,” the petitioners submitted.

The HC order, which mandates the blanket removal of apple trees without conducting a comprehensive Environmental Impact Assessment (EIA), is arbitrary and contravenes the precautionary principle, a cornerstone of environmental jurisprudence, Panwar submitted.

Such large-scale tree-felling, particularly during the monsoon season, significantly heightens the risk of landslides and soil erosion in Himachal Pradesh, a region characterised by its seismic activity and ecological sensitivity, the petitioners submitted.

“The high court’s order lacked the requisite EIA to assess its environmental and socio-economic impacts, thereby violating the principles of reasonableness and proportionality as elucidated in cases such as Coimbatore District Central Co-operative Bank.

They said the economic ramifications are equally severe, as apple cultivation is a vital component of Himachal Pradesh’s economy and its destruction threatens the livelihoods of small-scale farmers, thereby infringing upon their constitutional right to life and livelihood.

“In lieu of destructive felling, the petitioners propose sustainable alternatives, such as state acquisition of orchards for public purposes, auctioning of fruit and timber, or utilisation of resources for farmer cooperatives or disaster relief initiatives. These measures would align with the principles of sustainable development, balancing environmental conservation with economic imperatives,” the petition said.

The petition stated that as of July 18, reports indicate that over 3,800 apple trees have been felled in areas like Chaithla, Kotgarh and Rohru, with plans to remove up to 50,000 trees across the state. “The enforcement of this order, as evidenced in public reports, led to the destruction of fully fruit-laden apple trees, evoking widespread public distress and criticism,” the petitioners submitted.