Shimla, Jan 27,
The Himachal Pradesh High Court has issued a landmark judgment in two Public Interest Litigations (PILs) concerning widespread encroachment on government and forest land. The court has not only directed authorities to expedite the removal of encroachments and set strict deadlines for the completion of eviction proceedings but also issued strong warnings against any falsification of records or dereliction of duty by government officials.
“Aforesaid directions are in supersession of earlier directions,” the judgment, authored by a Division Bench comprising Justices Vivek Singh Thakur and Bipin C. Negi, stated.
The court further stated, “It is made clear that if the affidavit placed on record along with documents thereto in these petitions or information/certificates submitted by officials/officers in furtherance to compliance of directions passed by the Court is found to be false, then appropriate action in law shall be initiated against the erring official/officers.”
The judgment mandates strict accountability for government officials, stating: “Concerned officials/officers in performing their duty, shall ensure steps to protect the Government/Forest land from any type of encroachment. On detecting encroachment on Government land, they (field staff) shall report the same to the next Higher Authority/Officer, who, in turn, shall ensure taking of immediate action for removal of such encroachment. Encroachers shall not be allowed to regain their unauthorized occupation/possession on any portion of Government/Forest land. In case of dereliction of duty, Field Staff/concerned Higher Authority, as the case may be, shall be liable to face, apart from contempt proceedings, the criminal as well as departmental proceedings after immediate suspension on finding unreported/overlooked encroachment/re-encroachment on the Government/Forest land. Departmental proceedings, in such a case, shall be initiated for removal/dismissal from service.”
To ensure compliance with these directives, the court has directed the Chief Secretary to the Government of Himachal Pradesh to issue necessary instructions to all departments, including Home, Revenue, Forest, Panchayati Raj, Jal Shakti Vibhag, Public Works, and the Director General of Police, by February 28, 2025. A compliance report is to be filed by March 15, 2025, and the matter will be listed for consideration on March 26, 2025.
These Public Interest Litigations (PILs) were initiated by the High Court itself, based on concerns about widespread encroachment on government and forest land in Himachal Pradesh. The court had been monitoring the situation for several years, issuing a series of orders directing the government to remove encroachments, disconnect utilities to encroached properties, and recover damages from encroachers.
Earlier orders by the court included directives to remove all encroachments on government and forest land within specific timelines, disconnect electricity and water connections to encroached properties, recover the costs of removal and the value of any timber illegally harvested from encroached land from the encroachers, and utilize the recovered funds for afforestation and other environmental restoration measures.
Also read:Himachal High court orders batch-wise adjudication of forest land encroachment cases
The court also held government officials accountable for failing to address the issue of encroachment and directed action against those who were found to be negligent or complicit.
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