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Hindustan Times
17 hours ago
- Politics
- Hindustan Times
Ex-Shimla dy mayor moves SC against HC order over removal of apple orchards
New Delhi, Former deputy mayor of Shimla has moved the Supreme Court challenging the Himachal Pradesh High Court order that directed the government to remove fruit-bearing apple orchards from encroached forest lands. Ex-Shimla dy mayor moves SC against HC order over removal of apple orchards The plea filed by former deputy mayor Tikender Singh Panwar and activist advocate Rajiv Rai said the high court in its July 2 order has directed the forest department to remove the apple orchards and to plant forest species in their place, with costs to be recovered from encroachers as arrears of land revenue. "The petitioners submit that the said order is arbitrary, disproportionate and violative of constitutional, statutory and environmental principles, thereby necessitating the intervention of the Supreme Court to prevent irreversible ecological and socio-economic harm in the ecologically fragile state of Himachal Pradesh," the plea said. It said 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 plea said. Panwar submitted that the high court's order, which mandates the blanket removal of apple trees, without conducting a comprehensive Environmental Impact Assessment , is arbitrary and contravenes the precautionary principle, a cornerstone of environmental jurisprudence. The plea added that the destruction of these orchards threatens not only environmental stability but also the fundamental right to livelihood enshrined under Article 21 of the Constitution. "The high court's order lacked the requisite EIA to assess its environmental and socio-economic impacts, thereby violating the principles of reasonableness and proportionality as elucidated in cases such as Coimbatore District Central Co-operative Bank. The felling of apple trees during the monsoon season exacerbates ecological risks, including landslides and soil erosion, contradicting judicial mandates for environmental assessments as seen in T.N. Godavarman Thirumulpad vs. Union of India," the petitioners said. They said the economic ramifications are equally severe, as apple cultivation is a vital component of Himachal Pradesh's economy, and its destruction threatens the livelihoods of small-scale farmers, thereby infringing upon their constitutional right to life and livelihood. "In lieu of destructive felling, the petitioners propose sustainable alternatives, such as state acquisition of orchards for public purposes, auctioning of fruit and timber, or utilisation of resources for farmer cooperatives or disaster relief initiatives. These measures would align with the principles of sustainable development, balancing environmental conservation with economic imperatives," the plea said. Panwar said as of July 18, reports indicate that over 3,800 apple trees have been felled in areas like Chaithla, Kotgarh and Rohru, with plans to remove up to 50,000 trees across the state. "The enforcement of this order, as evidenced in public reports, led to the destruction of fully fruit-laden apple trees, evoking widespread public distress and criticism," he submitted in his plea. Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu on July 17 said the state government is not in favour of felling apple-laden trees from encroached forest land and that it should be given time to auction the produce. He said a meeting will be convened with the horticulture minister and other senior officers soon to explore the legal aspects of this issue and the basis on which the Supreme Court will be approached. This article was generated from an automated news agency feed without modifications to text.
News18
17 hours ago
- Politics
- News18
Ex-Shimla dy mayor moves SC against HC order over removal of apple orchards
New Delhi, Jul 23 (PTI) Former deputy mayor of Shimla has moved the Supreme Court challenging the Himachal Pradesh High Court order that directed the government to remove fruit-bearing apple orchards from encroached forest lands. The plea filed by former deputy mayor Tikender Singh Panwar and activist advocate Rajiv Rai said the high court in its July 2 order has directed the forest department to remove the apple orchards and to plant forest species in their place, with costs to be recovered from encroachers as arrears of land revenue. 'The petitioners submit that the said order is arbitrary, disproportionate and violative of constitutional, statutory and environmental principles, thereby necessitating the intervention of the Supreme Court to prevent irreversible ecological and socio-economic harm in the ecologically fragile state of Himachal Pradesh," the plea said. It said 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 plea said. Panwar submitted that the high court's order, which mandates the blanket removal of apple trees, without conducting a comprehensive Environmental Impact Assessment (EIA), is arbitrary and contravenes the precautionary principle, a cornerstone of environmental jurisprudence. The plea added that the destruction of these orchards threatens not only environmental stability but also the fundamental right to livelihood enshrined under Article 21 of the Constitution. 'The high court's order lacked the requisite EIA to assess its environmental and socio-economic impacts, thereby violating the principles of reasonableness and proportionality as elucidated in cases such as Coimbatore District Central Co-operative Bank. The felling of apple trees during the monsoon season exacerbates ecological risks, including landslides and soil erosion, contradicting judicial mandates for environmental assessments as seen in T.N. Godavarman Thirumulpad vs. Union of India," the petitioners said. They said the economic ramifications are equally severe, as apple cultivation is a vital component of Himachal Pradesh's economy, and its destruction threatens the livelihoods of small-scale farmers, thereby infringing upon their constitutional right to life and livelihood. 'In lieu of destructive felling, the petitioners propose sustainable alternatives, such as state acquisition of orchards for public purposes, auctioning of fruit and timber, or utilisation of resources for farmer cooperatives or disaster relief initiatives. These measures would align with the principles of sustainable development, balancing environmental conservation with economic imperatives," the plea said. Panwar said as of July 18, reports indicate that over 3,800 apple trees have been felled in areas like Chaithla, Kotgarh and Rohru, with plans to remove up to 50,000 trees across the state. 'The enforcement of this order, as evidenced in public reports, led to the destruction of fully fruit-laden apple trees, evoking widespread public distress and criticism," he submitted in his plea. Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu on July 17 said the state government is not in favour of felling apple-laden trees from encroached forest land and that it should be given time to auction the produce. He said a meeting will be convened with the horticulture minister and other senior officers soon to explore the legal aspects of this issue and the basis on which the Supreme Court will be approached. PTI MNL MNL KSS KSS view comments First Published: July 23, 2025, 22:15 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Indian Express
04-07-2025
- Politics
- Indian Express
In Himachal Pradesh, a Himalayan tragedy thanks to warped ‘development'
Written by Tikender Singh Panwar Once again, the hills of Himachal Pradesh are trembling — not just from the fury of the monsoon, but from decades of ecological neglect, distorted development and political apathy. This year's rains have already taken more than 30 lives, damaged infrastructure worth over Rs 500 crore, and displaced hundreds. The Himalayan state is no stranger to such calamities, yet our response remains tragically predictable: Relief and, then, silence. What we are witnessing is not a one-off disaster. It is the outcome of a development model that has failed to respect the fragile ecology of the Himalayas — a model actively pushed by central agencies, funded by large capital, and accepted by state governments desperate for revenue. And at its heart lies a crisis of governance, one that cannot be patched by disaster response alone. It calls for deep introspection and a democratic reckoning. That is why the call for a Commission of Inquiry — first made years ago — must now become a central demand. The stakes are too high to continue with business as usual. There's an old Himachali proverb: 'nai baat nau din' — a new concern lasts only nine days. But in today's news cycles, it doesn't even last that long. The 2025 devastation, which is still ongoing, is only the latest chapter in a longer story of ecological decline. Experts, including the IPCC, have consistently warned of increased precipitation in shorter time spans in the Himalayan belt. This implies not just heavier rains but far more intense damage unless our infrastructure and settlements are designed to adapt. Instead, the opposite is happening. Nowhere is this more evident than in the highway expansions spearheaded by the National Highways Authority of India (NHAI). The earlier Parwanoo-Solan four-laning project triggered massive landslides and slope failures due to unscientific vertical cutting. One might expect lessons to have been learnt. Yet, the new stretch between Kaithlighat and Dhalli continues the same reckless approach — carving roads into fragile rock faces without adequate geological studies or slope stabilisation. These highways, celebrated as symbols of connectivity, have become corridors of calamity. The town of Mandi, long nestled in a relatively stable valley, witnessed devastating floods this year. Riverbanks that once marked a natural buffer are now sites of human settlement — homes, shops, and even government buildings. As the Beas River swelled, it reclaimed what was once its own. Planning authorities have allowed, even encouraged, encroachment into riverbeds, often under the illusion of 'development'. But rivers remember their courses, and when they do, destruction is inevitable. The massive hydropower push, another legacy of post-1990s liberalisation, has amplified vulnerability. Dams have mushroomed across river basins in Kinnaur, Lahaul-Spiti, Chamba, and Kullu — with scant regard for ecological thresholds. Muck from these construction sites is routinely dumped into riverbeds, narrowing channels and raising riverbeds. When the rains arrive, this loose muck turns into a lethal force, taking down everything in its path. The hydropower model — built on the assumption of perpetual revenue — has neither delivered long-term employment nor sustainable energy. Instead, it has left behind ecological scars, displaced communities, and made vast swathes of the state more disaster-prone. The roots of this destruction lie in the post-1990s shift in state-centre dynamics. Himachal, once known for a people-centric, state-driven development model under leaders like Y S Parmar, was pushed into a different paradigm — one that reduced the role of the state and promoted the commodification of natural resources. With limited revenue-generation capacity, Himachal was lured into exploiting its rivers, forests, and landscapes to serve the demands of capital. The culpability of the Union government cannot be overstated. Central agencies like NHAI have bulldozed through ecological concerns. Simultaneously, the Centre's fiscal policies have cornered states into seeking revenue through environmentally destructive industries — hydropower, tourism, and cement. This is not federalism; it is fiscal coercion. In the aftermath of the 2023 monsoon, the state pegged damages at over Rs 14,000 crore. But who is accountable? Why were homes built on unsafe slopes? Why did no agency question the dumping of muck into rivers? Why are geological reports ignored? A Commission of Inquiry, headed by a retired Supreme Court judge — ideally someone with an understanding of the region — is urgently needed. But it must not be limited to a post-mortem of damage. It should serve as a platform for a collective reimagining of development. This Commission must do the following: 1. Examine the cumulative ecological impact of infrastructure and hydropower project 2. Assess the role and failures of central and state institutions 3. Investigate planning lapses in towns and rural settlements 4. Provide recommendations for sustainable, ecologically sensitive development 5. Most importantly, engage the people directly — through public hearings, testimonies, and local consultations 6. It should dig into the Himalayan model of development and suggest another arm of the NHAI (Himalayan), which is akin to the BRO. It is common knowledge that the state's PWD and the BRO are better equipped and capacitated for building roads in the Himalayan region. This is not just about expert panels and policy papers. But this cannot be done behind closed doors or driven by Delhi-based think tanks. It must evolve from the grassroots. People must be trusted as co-authors of their future. Each landslide, each flooded village, each shattered home is not just a disaster, but a warning. The Himalayas are speaking. Are we listening? A Commission of Inquiry is not a bureaucratic formality. It is a moral and political necessity. The writer is former Deputy Mayor of Shimla
