Remove apple orchards from encroached forestland: HC

The High Court of Himachal Pradesh has expressed concern over the re-emergence of encroachments in the forest area from where the encroachers were evicted/dispossessed earlier. It directed the Forest Department to remove apple trees/orchards from forestland, which was previously encroached upon and from where the encroachers were removed throughout the state.

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A Division Bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi passed the order that “where ever possible, after apple trees are felled/stumps are removed, forest species be planted in such areas either through the Forest Department or by taking the help of non-governmental organisations or other private persons working in the field of plantation/forestation. The needful be done on a war footing. The ongoing monsoon season is a conducive period to plant forest species.”

The court made in it clear in the order that the cost of cutting, removal of stumps and plantation of forest species be recovered from the encroachers as the arrears of land revenue. The court also directed the Chief Secretary and the Director General of Police of the state to render all requisite assistance, including police help, to forest officers/officials concerned in the implementation of the orders of this court.

The court passed the order on a public interest litigation that highlighted the issue of encroachments on forestland by planting apple orchards by encroachers.

During the course of hearing, Advocate General Anup Rattan informed the court that the encroachers were obstructing the officers/officials, who were going to the spot to implement the judgment/directions passed by this court qua the removal of encroachments. He said that the Forest Department was finding it difficult to manage apple orchards planted on the encroached land and the encroachers were persistently and continuously trying to reoccupy land from where they were earlier evicted or dispossessed on account of encroachments.

The Advocate General submitted that even otherwise apple trees were not a forest species and, therefore, the Forest Department intended to replace apple trees with some forest species on the encroached land.

The court took serious note on this assertion and ordered “to issue bailable warrants against the persons mentioned on the list provided by the Forest Department, returnable for July 14, with a notice to explain as to why they should not be punished for obstructing the implementation of the orders/directions passed by this court.”