Remove apple trees from both encroached forest, govt land: HC

The High Court of Himchal Pradesh today clarified that the order for the removal of apple trees from forestland was not limited to orchards, where attempts were being made to reoccupy government land, which was earlier got vacated from the encroachers, as the state was expected to deal with all cases in equal terms and remove apple trees wherever it had been raised on encroached upon government land or forestland.

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While passing the order, a Division Bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi observed that “because any conduct contrary to the aforesaid shall be in violation of the mandate of Article 14 of the Constitution of India”.

During the course of hearing, the Advocate General submitted that the removal of apple trees was being undertaken only in those cases/areas where encroachers were reasserting unauthorised possession upon orchards raised on forestland.

After hearing the arguments of the Advocate General, the court observed that “the plea with regard to the understanding of the order has been misconceived, as the direction for the removal of apple plants was with respect to all orchards raised on government land or forestland, as evident from the order passed on July 2.” The court listed the matter for further hearing on July 16.