Shimla (Himachal Pradesh) [India] July 28 : In a significant order as partial relief to thousands of apple growers across Himachal Pradesh, the Supreme Court has stayed the recent Himachal Pradesh High Court order that directed the removal of apple trees from encroached government and forest lands in the state, particularly in Shimla district.
The interim stay was granted in response to a petition filed by environmentalist and former Deputy Mayor of Shimla, Tikender Singh Panwar, who argued that the ongoing tree felling during the peak harvest season was unscientific, anti-farmer, inhumane, and environmentally disastrous.
The apex court's decision has been welcomed by farmer groups, with a major protest planned for July 29 outside the Himachal Pradesh Secretariat in Shimla.
Speaking to ANI, Sanjay Chauhan, Convener of the Himachal Pradesh Apple Growers Association, said that they will keep protesting until the farmers' interests are protected.
"On July 2, the Himachal Pradesh High Court passed an order directing the removal of apple trees on encroached forest and government land. But these trees are currently laden with fruit it's the apple harvesting season. This order was arbitrary and has caused enormous panic among farmers. Former Deputy Mayor Tikender Panwar approached the Supreme Court, and we've now been informed that the apex court has stayed the High Court's felling order. We await the official written directive, but the initial communication has clearly instructed the state government to stop all ongoing tree felling immediately", Chauhan said.
According to Chauhan, the issue is deeply intertwined with land rights and livelihoods in the state:
"The matter isn't just about trees. It's about the constitutional right to livelihood, to food, shelter, and dignity, as guaranteed under Article 21 of the Indian Constitution. Nearly 3.5 to 4 lakh familiesabout 15 to 20 lakh people are likely to be affected by the High Court's earlier order asking government departments to clear all encroachments on public land, including minor dwellings, shops, and farms built decades ago." he added.
Chauhan stressed the need for a humane and rational policy. "Many rural and urban poor have built houses or planted fruit trees on these lands over the years. We've consistently demanded that the state government regularise such occupations, provide a minimum of five bighas of land to landless farmers, and ensure protection for small homes and shops built on one or two biswa of land." he said.
The Apple Growers Association and Himachal Pradesh Kisan Sabha (Farmers' Union) have been jointly spearheading this struggle, calling for a ground-level implementation of the Forest Rights Act, 2006 and an amendment to the Forest Conservation Act, 1980, which currently restricts the allocation of forest land even in states like Himachal.
In December last year, the Himachal government passed a resolution under Rule 102 to facilitate this, but it remains unimplemented.
"We want that resolution to be enforced, and the state government must be empowered to grant land rights to the poor, disaster-hit, and Dalit families residing in forest areas," said Chauhan. "The Forest Rights Act must also be operationalised fully." Chauhan added.
The recent felling drive has reportedly sent a negative message across the country and internationally. Chauhan claimed that approximately 4,500 apple trees had already been cut down, translating to a loss of 35,000 to 40,000 apple boxes, and an estimated economic damage of Rs 400-500 crore.
"This is not just an environmental loss but a brutal economic assault on poor apple farmers. The state government, hiding behind a judicial order, is causing irreversible damage. This damage cannot be undone," he said.
"Just yesterday, 13 Dalit families in Nagrota Surian (Kangra district), who had been living there for generations, saw their homes demolished under similar orders. These are not isolated legal matters; they are human rights concerns." Chauhan said.
Farmer and apple growers' unions have now given a protest call for Monday, July 29, demanding various.
Stop sealing of homes and demolition of dwellings, Grant land rights to the poor, Dalits, and farmers, implement FRA 2006 and amend FCA 1980, Minimum land allotment of 5 bighas to landless farmers
"We are determined. Tomorrow's protest outside the Secretariat will not end in a few hours. If needed, we will sit there indefinitely. This is not an ordinary protest--it's a struggle for survival, for dignity, for justice," said Chauhan.
"We will not tolerate this unconstitutional, anti-people action disguised as legality." He added.
The petition filed in the Supreme Court is expected to have far-reaching implications for land use, forest rights, and the livelihood of farmers across Himalayan states. Official orders from the apex court are awaited, but farmer bodies have vowed to continue their movement until their demands are met.