Shimla, Oct 26,
The Himachal Pradesh High Court recently concluded a significant public interest litigation (PIL) regarding encroachments along National Highway-5, which had been obstructing traffic flow and creating hazards for citizens. The PIL, registered by the Court on its own motion after media reports revealed the unauthorized constructions, was aimed at ensuring that the right of way along the highway remains clear of illegal structures and obstructions. Respondents in the case included various government departments, local authorities, and individuals responsible for the encroachments.
During the proceedings, the Municipal Corporation of Shimla and the Town & Country Planning Department submitted status reports detailing numerous instances of unauthorized construction in key areas such as Shimla, Solan, Barog, Kasauli, and Jabli. Actions were initiated against violators, including issuing notices for the disconnection of essential services like water and electricity, demolition orders, and where permissible under law, regularization of structures. By the case’s conclusion, most of the encroachments reported had been removed, while others were legally resolved.
The Court directed all departments involved, including the Public Works, Revenue, and Town & Country Planning Departments, to strictly monitor and prevent future encroachments along the highway. Officials were instructed to report any new unauthorized construction immediately and ensure swift action against violators. Non-compliance with these orders could lead to serious consequences for responsible officials, including contempt proceedings, departmental actions, and possible criminal charges. Additionally, the Court ordered the Chief Secretary to circulate these guidelines across all local bodies, ensuring a state-wide policy for vigilance and quick response against encroachments on government land.
The Court appreciated the contributions of Senior Advocate J.L. Bhardwaj, who acted as amicus curiae, assisting the Court in bringing the case to a fair and effective resolution.
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