Supreme Court Stays Himachal Pradesh HC's Order To Cut Apple Orchards In Forest Lands

The Supreme Court today (July 28) stayed the order of the Himachal Pradesh High Court directing the felling of Apple Orchards grown on forest lands. The Court has also allowed the State Government to auction the apples.

The bench of CJI BR Gavai, Justices K Vinod Chandran and NV Anjaria was hearing a challenge to the Himachal Pradesh High Court order, which suo motu directed the Forest Department to remove fruit-bearing apple orchards from forest lands previously encroached upon and to replant indigenous forest species. 

 The High Court had also directed that the cost of the removal of the present apple trees be recovered from the encroachers as arrears of land revenue. 

The bench agreed to issue notice in the matter and stayed the application of the impugned order. The Court also allowed the State Government to auction the apples 

The present petition filed by Tikender Singh Panwar, Former Deputy Mayor of Shimla Municipal Corporation, and advocate Rajiv Rai, contends that the order ignores the environmental principles and is arbitrary, causing a threat to the livelihood of many farmers. 

Sr Advocate PV Dinesh appeared for the petitioners. Advocate General for State of Himachal Pradesh Ashok Kumar accepted notice on behalf of the state. 

The plea explains that mass cutting of the apple trees during the monsoon season would escalate the chances of landslides and ecological deterioration. The order also poses a threat to several farmers whose livelihoods are dependent on orchard farming. 

"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. Apple orchards, far from being mere encroachments, contribute to soil stability, provide habitats for local wildlife, and form the backbone of the state's economy, supporting the livelihoods of thousands of farmers. The destruction of these orchards threatens not only environmental stability but also the fundamental right to livelihood enshrined under Article 21 of the Constitution, as affirmed in judicial precedents such as Olga Tellis vs. Bombay Municipal Corporation (1985) and State of Karnataka vs. Narasimhamurthy (1995)." 

As the High Court ordered without considering any Environmental Impact Assessment, the plea states that it violated the "precautionary principle, a cornerstone of environmental jurisprudence as established in Vellore Citizens Welfare Forum vs. Union of India (1996)." 

The SLP was filed with the assistance of Advocate Subhash Chandran KR. 

Counsels for Petitioners : PV Dinesh, Sr Adv, Subhash Chandran KR(AOR), Ms. Krishna LR, Adv & Ms. Anna Oommen, Adv

Case Details : Tikender Singh Panwar & Anr v. State of Himachal Pradesh & Ors | Diary No. 40056/2025 

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