Former CPM Deputy Mayor and petitioner Tikender Panwar has hailed the recent Supreme Court ruling as a major relief for apple farmers in Himachal Pradesh affected by tree-felling orders. The apex court set aside the Himachal Pradesh High Court’s sweeping directions that mandated the indiscriminate cutting of apple trees planted on encroached government and forest land.
Panwar termed the verdict, delivered on 16 December by a bench comprising the Chief Justice and Justice Joymalya Bagchi, as a decisive victory for small and marginal farmers, noting that the High Court’s orders could have caused severe social, economic, and ecological consequences. He emphasized that the Supreme Court had upheld all three key aspects of the petition: the risk of ecological damage, socio-economic fallout, and threats to farmers’ livelihoods.
The court directed the state government to formulate a comprehensive policy on land regularisation or allotment and place it before the competent authority for approval. It stressed that decisions regarding agricultural or fruit tree plantations must be taken in accordance with state policy rather than through blanket judicial orders to fell trees. The judgment also highlighted that indiscriminate cutting could disproportionately affect marginalized and landless farmers, many of whom rely on small land parcels allotted by panchayats or the state to sustain their livelihoods.
Panwar pointed out that the High Court’s orders had been temporarily stayed during the monsoon months, when widespread devastation had already affected the state, and argued that felling trees during a traditional plantation season was neither rational nor environmentally sound. He emphasized that the Supreme Court ruling should be viewed through three critical perspectives: ecology, socio-economic impact, and livelihood security, particularly in the absence of any clear state policy or compensation mechanism.
The Supreme Court’s intervention is expected to bring immediate relief to thousands of apple growers across Himachal Pradesh and could influence future state policy regarding land regularisation for orchards and agricultural holdings. According to state records, approximately 26% of Himachal Pradesh is under forest cover, 35% is forestable, yet the forest department controls 68% of land, including areas unsuitable for forestation or natural conservation.
This judgment marks a significant step towards protecting the livelihoods of apple farmers while balancing ecological and social concerns in the state.
Nurturing Creativity – Keekli Charitable Trust, Shimla
