Relief for orchard owners in Himachal: SC overturns High Court’s decision, apple orchards will not be removed from forest land

December 17, 2025

The Supreme Court on Tuesday stayed the Himachal Pradesh High Court’s order directing the removal of fruit orchards planted on encroached forest land, providing relief to lakhs of apple growers in the state. The apex court directed the state government to submit a proposal to the central government to assist the marginalized sections and landless people affected by the order.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi termed the High Court’s order as having serious consequences. The bench observed that the High Court erred in passing the order, which would have very serious repercussions and would affect the marginalized sections of society and landless people in the region.

The bench clarified that the issue falls within the policy domain and the High Court should not have passed an order that would lead to the felling of fruit trees. However, the apex court also stated that the state government could take action regarding the encroachment on forest land.

The Supreme Court said that the state government could prepare a proposal keeping in mind the objective of a welfare state and submit it to the central government for necessary compliance. The apex court was hearing a petition filed by the state government challenging the High Court’s decision. It also heard a petition filed by former Deputy Mayor Tikender Singh Panwar.

The Supreme Court had earlier stayed the High Court’s order on the petitions filed by Panwar and others, who had emphasized that the decision would affect lakhs of people, especially during the monsoon season.