Photo used for indicative purpose only. Source: Intenet
Himachal moves ahead on Land Regularisation, Legal hurdles persist
Shimla, June 4,
The Himachal Pradesh Government on thursday moved a step closer towards framing a policy for regularisation of land occupied by small and marginal farmers, with a Cabinet Sub-Committee deciding to place the proposed framework before the Council of Ministers for approval.
The decision was taken at a meeting of the sub-committee chaired by Revenue, Horticulture and Tribal Development Minister Jagat Singh Negi. Education Minister Rohit Thakur also attended the meeting. The committee was informed that a policy framework had been prepared in compliance with directions issued by the Supreme Court regarding regularisation of land occupation by small and marginal farmers.
According to the Government, the proposed policy seeks to provide relief to landless and marginal farming families in a legally compliant manner. After Cabinet approval, the proposal is expected to be forwarded to the Government of India for further action.
However, the initiative faces significant legal and administrative challenges. The State government is attempting to identify a pool of land that could be earmarked for allotment to eligible beneficiaries, but much of the available land falls under forest categories or is otherwise protected by central laws and judicial orders.
Legal experts point out that the state cannot independently divert forest land for private allotment without approvals under the Forest Conservation framework and other statutory provisions. In many cases, such lands are subject to recorded community rights, rights of way and traditional usage rights enjoyed by local residents. Any attempt to transfer ownership could potentially affect these existing rights.
The proposed policy also highlights a paradox confronting the government. While more than one lakh families have been identified as occupying government or forest land across the state, authorities cannot simply allot similar parcels to landless persons without addressing legal restrictions and competing community claims.
Also read: Himachal to file review petition for Regularizing roads on Forest Land
Though the government has projected the policy as a major welfare initiative, its implementation is likely to depend on further judicial clarity, approval from the Union Government and, if required, changes in the existing legal framework governing forest and public lands.
Senior officers of the Revenue, Law and Forest Departments were present during the meeting.
It is worthwhile to mention that Forest Right Acts and allotment ownership rights to an individual are two different things. As under FRA only limited rights on the forest land is granted by the law but such parcel of lands couldn’t be converted into private lands. There are several kinds of community right to people of Himachal Pradesh which includes grazing pasture right, fodder and forest produce rights.
State forest land not only plagued with encroachments but mining and illicit green felling create conflict of interest of powerful lobbies of such people who are trying to grabs such open wealth of land like a shark.
Now question remains how state government could separate black sheep from the white as most of land encroachments are declared illegal by the authorities and many of them are facing eviction.
Supreme court of India is hearing couple of SLPs and IAs filled by affected people and CPI(M) leaders to stay High court 2025 order which order many of them to evict forthwith registering FIR against them.
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