Photo used for indicative purpose only. Source: Internet
HC cracks whip on encroachments, stalled structures along four-lane & National Highway projects
Shimla, May 26,
Taking serious note of continued encroachments and litigation-related delays hampering the strategically important Kiratpur-Manali four-lane and a NH highway project in Kangra district Himachal Pradesh High Court has directed district administrations to intensify the encroachment demolition and removal drives to ensure that pending infrastructure works are not obstructed any further.
Hearing two connected public interest matters relating to the National Highway project, a division bench comprising Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi reviewed the status of illegal encroachments as well as structures standing on acquired land along the highway corridor.
In a significant development, the court expressed dissatisfaction over slow progress in removal of encroachments in parts of Mandi district and directed the authorities concerned to file fresh status reports after carrying out effective action on the ground.
In the PIL titled Madan Lal versus Union of India and others, the High Court examined affidavits filed by Deputy Commissioners of Mandi and Kullu districts regarding illegal accesses and encroachments along the Kiratpur-Manali four-lane project.
The court observed that in Mandi district, out of 117 illegal accesses identified in Sundernagar subdivision, only 61 had been removed, while 56 still remained. Similarly, out of 43 encroachments, only 23 had been cleared.
In Balh subdivision, authorities removed 30 out of 47 illegal accesses and 12 out of 21 encroachments, leaving several violations still pending.
The bench came down heavily on the Sadar subdivision administration after finding that despite earlier directions, 51 cases of encroachments and illegal accesses continued to remain pending. The court remarked that the Sub Divisional Officer (Civil), Sadar, had not done anything “fruitful” and warned that failure to act would require his personal presence before the court on the next date of hearing.
The court, however, appreciated the work done in Balichowk subdivision where all reported encroachments had been removed.
In Kullu district, the High Court was informed that 11 out of 22 encroachments had already been removed, while notices had been issued to remaining violators. Authorities also informed the court that all 60 encroachments identified in Bhuntar tehsil had been cleared. Illegal boards and hoardings from Patlikuhal to 18 Mile stretch were also removed from acquired NHAI land.
The court was further told that retaining walls and security structures had been raised illegally on acquired National Highway land and notices were issued for their removal.
The bench directed all concerned officers to submit fresh status reports before the next hearing scheduled on July 28, 2026.
Meanwhile, in another connected matter relating to delays in execution of National Highway works in Kangra district, the High Court ordered authorities to proceed with partial demolition of a disputed building that has stalled the project for nearly two years due to litigation pending in a lower court.
The dispute pertains to a structure in Shahpur area where a portion of the building falls under acquired land for the National Highway expansion project being executed by the National Highways Authority of India (NHAI).
The court noted that compensation amounting to nearly Rs 3.46 crore had already been deposited before the Reference Court for affected landowners and that ownership of the acquired land had vested with NHAI. However, demolition work remained stalled because of an interim order passed by a civil court.
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The bench directed the State authorities to demarcate the acquired portion of the building within two weeks so that occupants could remove the affected part themselves, failing which the administration would undertake forcible demolition.
The High Court observed that infrastructure projects of public importance, especially major highway expansion works, cannot be allowed to remain indefinitely delayed due to unresolved disputes after compensation has already been deposited.
The Kiratpur-Manali four-lane project, one of the most ambitious road infrastructure projects in Himachal Pradesh, has repeatedly faced delays due to land acquisition disputes, illegal accesses, encroachments and pending litigation across multiple stretches in Mandi, Kullu and Kangra districts.
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