Himachal Pradesh HC expresses concern over repeated encroachment

The Himachal Pradesh High Court on Wednesday expressed concern over repeated encroachments on forest land despite the ongoing drive to evict apple plantations from forest land across the state.

A division bench of Justice Vivek Singh Thakur and Justice Bipin Chandra Negi instructed the state government to come up with a record about how much earning was made by the encroachers using the encroached forest land in the state.

The bench fixed the next date of hearing on July 29.

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Senior Advocate Jiya Lal Bhardwaj, who was appointed amicus curiae by the high court in this matter, told The Indian Express, “The state government informed the court that thousands of apple trees planted on encroached forest land in Chaithla, Kotgarh and Rohur were removed since the eviction drive launched on July 12. The division bench directed the forest department, via the state government, to provide records of the earnings made by encroachers from cultivating crops on the encroached forest land.

“The division bench issued certain necessary instructions to the government about the ongoing eviction drive. The court also expressed concerns over the non-compliances of the earlier issued orders, especially instructing to free the encroached forest land.”

Bhardwaj said, “The forest department is submitting its report through the office of Advocate General of Himachal Pradesh.”

Meanwhile, the forest department, through the state government, was directed to expedite the reforestation of cleared lands, with the court terming apple orchards as non-forest species.

Minister questions timing of eviction

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Himachal Education Minister Rohit Thakur on Wednesday raised concerns over the timing of the felling of illegally planted apple trees on forest land.

Thakur is the first Cabinet minister to raise concern over the timing of the eviction drive during the apple season and the ongoing monsoon season.

Thakur, an MLA from Jubbal-Kotkhai, which covers the epicentre of the eviction drive, Chaithla village, said, “We respect the honourable Himachal Pradesh High Court’s order.”

In an interaction with the media at his office at the State Secretariat, Thakur said, “While the high court’s order is being followed, a humane approach should also be adopted. This is monsoon season, the time for planting, not cutting trees. Apples are almost ready to be sent to markets, and this is not the right time for such actions.”

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Thakur said, “I will definitely take up the matter with Chief Minister Sukhvinder Singh Sukhu.”

Meanwhile, referring to the Congress government’s 2015 policy under former CM Virbhadra Singh, which exempted orchards on up to five bighas from eviction, Thakur lamented that “no such relief policy has been implemented since the change in government in 2017”.

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