Shimla (Himachal Pradesh) [India], July 14 : The farmer organisations in Himachal Pradesh have strongly opposed the ongoing eviction drive in forest areas, particularly the cutting of apple orchards in Kotkhai and surrounding villages, terming the action as "legally flawed" and "anti-farmer."
In a press conference held in Shimla on Monday, the Himachal Kisan Sabha and the Himachal Seb Utpadak Sangh demanded an immediate halt to the felling of apple trees and called for proper demarcation of land instead of mass clearances.
Rakesh Singha of the Himachal Kisan Sabha stated that the current actions being carried out under the Himachal Pradesh High Court's orders violate both the constitutional rights of farmers and established legal procedures.
"The apple trees being cut down are not mere encroachments, they are standing orchards planted decades ago, a source of livelihood for thousands of small farmers. The High Court must understand the difference between forest land and cultivable land used by farmers for generations," said Singha.
"We are not against the forest," said Rakesh Singha. "But forest conservation cannot come at the cost of destroying livelihoods. What we demand is justice, land demarcation, and protection not bulldozers and axe-wielding forest officials." He Said.
The uproar follows the July 2 order passed by a Division Bench of Justices Vivek Singh Thakur and Bipin C. Negi, which instructed the state to remove encroachments, especially apple plantations, from forest land and begin reforestation efforts. Acting on this, the forest department launched operations in Chaithla village of Kotkhai under heavy police deployment, cutting down apple trees and clearing land said to be encroached.
However, the farmer bodies allege that even legally held and pending regularization land parcels were targeted, and no proper demarcation was done.
"The administration has failed to distinguish between encroached land and that held lawfully or awaiting regularization under the 2000 amendment to the Himachal Pradesh Land Revenue Act," said Singha.
"This is nothing but a systematic attempt to criminalize and uproot poor orchardists." he said.
Citing previous Supreme Court orders, including Babu Ram vs. State of Himachal Pradesh and Neeta Ram vs. State of Himachal Pradesh, the leaders highlighted how mass evictions without due legal process have repeatedly been struck down by higher courts. The apex court has even directed formation of a larger constitutional bench due to conflicting judgments, a development the High Court allegedly ignored.
Sanjay Chauhan, senior farmer leader and former Shimla Mayor, called for a complete stay on all eviction proceedings until land surveys and demarcation are completed.
"Today, apple growers in Himachal are facing a deep agrarian crisis. The destruction of orchards, without verification of land ownership or forest classification, is pushing them further into ruin," said Chauhan. He added that large-scale flooding and disasters in areas like Manali, Sirmaur, and Rampur had already displaced many, and this new wave of forced evictions was compounding their distress.
He criticised the state government's lack of clarity and contradictory stands in court, especially over its proposed land allocation policy of five to ten bighas per family.
"If the government can allow corporate entities to operate in forest land under environmental clearances, then why can't poor farmers, who have tilled this land for decades, be protected under the Forest Rights Act?" asked Chauhan.
The farmers also questioned the judicial propriety of Justice B.C. Negi hearing the case, noting that he had earlier represented a party in a related petition and should have recused himself in accordance with legal ethics.
Sohan Thakur of the Seb Utpadak Sangh raised concern over what he termed a "scientifically and legally inaccurate" argument made by the High Court that apple trees are not a forest species.
"Apples originate from Malus sylvestris, commonly known as wild crabapple, a forest species. To claim otherwise is misleading and an excuse to destroy decades-old plantations," Thakur said.
"It is unfortunate that such sweeping judgments are being issued without hearing the farmers." He added.
Calling for unity among farmers, the organisations announced a state-wide mobilisation, beginning with a general body meeting at Hatkoti-Jubbal, where a more aggressive protest strategy will be finalised. The leaders warned that if the government does not intervene to stop the felling of apple orchards and fails to provide legal protection to orchardists, a massive agitation will erupt across the state.