HP High Court Expresses Concern Over Encroachment Of Govt & Forest Land, Orders Statewide Removal Of Illegally Raised Apple Trees, Orchards

The Himachal Pradesh High Court has ordered the statewide removal of illegal apple trees/orchards raised on government or forest land.

A Division bench comprising Justices Vivek Singh Thakur and Bipin C. Negi, while hearing two connected PILs (CWPIL No.17 of 2014 and CWPIL No.9 of 2015), clarified that removal of apple trees and orchards must not be limited only to plots where encroachers attempt to reoccupy forest land; instead, the removal must cover all apple trees and orchards illegally raised on Government or forest lands.

The Court remarked “the State is expected to deal with all cases in equal terms, by removing the apple trees from the every encroached forest land, wherever it has been raised on Govt./Forest Land in the State of Himachal Pradesh, because any conduct contrary to the aforesaid, shall be in violation of mandate of Article 14 of the Constitution of India”.

The Bench directed the State to file all the pending instructions material by 15^h July, 2025.

On 16^th July 2025, the Court took note of a progress report submitted by the State. The report indicated that over 2,456 apple and fruit trees had fallen in Village Chaithla, while 713 trees were removed in Rohru and 490 in Kotgarh Forest Divisions. The removal drive was reported to be ongoing.

However, the Court observed that from the progress report it appeared that the removal of encroachments and orchards from the forest land was being undertaken only in Rohru Forest Division and Kotgarh Forest Division. It once again clarified that the removal of encroachments from the government/forest lands, including the fruit-bearing trees, must be undertaken across the entire State of Himachal Pradesh and not limited to some areas.

The Bench directed the authorities to submit a fresh report by next hearing date i.e, 29^th July,2025.

Case Name: Court on its own motion v. State of H.P. and others alongwith connected matter

Case No.: CWPIL No.17 of 2024 & CWPIL No.9 of 2015

Date of Decision: 15.07.2025

CWPIL No.17 of 2014

Ms. Tamana Sharma, Proxy Counsel, for the petitioner.

Mr. Anup Rattan, Advocate General, with Varun Chandel, Addl. • Advocate General, for the respondents/State.

Mr. Upinder Kumar, Proxy Counsel, for respondent No.9.

None for others.

CWPIL No.9 of 2015

Ms. Tamana Sharma, Proxy Counsel, for the petitioner.

Mr. Anup Rattan, Advocate General, with Varun Chandel, Addl. Advocate General, for the respondents/State.

Mr. Arsh Chauhan, Advocate, for the applicants in CMP Nos.15930, 15931 and 15932 of 2025.

None for respondents No.12 to 24.

None for respondents No.25 to 33 and 35 to 37.

Respondent No.34 is stated to have expired

Click Here To Read/Download Order