Shimla, June 16
In an important ruling addressing a plethora of encroachment cases in Himachal Pradesh, the High Court directed the state to identify the nature of the land occupied, whether it is village common land (Shamlat), forest land, government land, or other types of land. The division bench, comprising Justice Vivek Singh Thakur and Justice Bipin Chandra Negi, issued this directive on June 13, 2024, following a complaint filed by Krishna Chand Sarta in 2014.
The case, involving numerous writ petitions, highlighted the extensive issue of unauthorized land occupation across the state. The court emphasized the need for clear identification of the land type before any further adjudication. Petitioners who had submitted affidavits regarding their encroachments were instructed to specify the nature of the land they occupied. This step is crucial for the state to take appropriate actions based on the type of land involved. The court mandated that these affidavits be filed within two weeks.
The court’s directive came after extensive arguments between the petitioners and the state counsel. The bench underscored that the state must ensure the identification of the type of land occupied by individuals who submitted affidavits concerning encroached lands. This requirement aims to facilitate appropriate actions tailored to the specific nature of the encroached properties.
Additionally, the court’s ruling referenced earlier precedents where the Himachal Pradesh High Court had ordered the removal of apple orchards developed on encroached lands originally designated as forest areas.
This order represents a significant step in addressing illegal land occupation in Himachal Pradesh. By mandating the clear identification of land types, the court ensures that state actions are legally sound and appropriate for the specific nature of the encroached lands. The directive aims to uphold the rule of law, protect public and forest lands, and promote better land management practices within the state.
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