Shimla, July 21
On July 17, 2024, the Himachal Pradesh High Court issued an important directive regarding the backlog of petitions addressing forest land encroachments. The bench, consisting of Justices Vivek Singh Thakur and Bipin C. Negi, introduced a new procedural approach aimed at expediting the resolution of these cases.
Forest land encroachment in Himachal Pradesh has long been a contentious issue, with numerous petitions filed across various courts. The core issue revolves around the illegal occupation of forest lands and the State Government’s inability to regularize such encroachments without prior consent from the Union Government, as required by the Forest (Conservation) Act, 1980.
In an effort to streamline the adjudication process, the High Court decided to categorize the petitions based on their specific nature. Recognizing the impracticality of adjudicating all cases collectively due to their distinct circumstances and varying stages of litigation, the Court mandated a separation of petitions not involving forest land encroachments from those that do.
To manage the caseload more effectively, the Court ordered that petitions related to forest land encroachments be grouped and heard in smaller batches. The initial list, provided by the Advocate General, comprises 194 cases. The Court will hear these cases in batches of 31, with the first batch heard on July 18, 2024.
The Advocate General was tasked with circulating the list of cases among the Bar and placing it on the Court’s Notice Board to ensure that all relevant parties are informed and can appear for the hearings. Petitions not related to forest land encroachments have been temporarily deferred, with priority given to the forest land cases.
The High Court reiterated that no forest land encroachments could be regularized without the prior approval of the Union Government, as stipulated by the Forest (Conservation) Act, 1980.
This new approach aims to expedite the resolution of forest land encroachment cases, ensuring a more efficient judicial process and adherence to the legal requirements set forth by the Forest (Conservation) Act.
