Shimla, Aug 6,
The Himachal Pradesh High Court has directed the Chief Secretary and the District Administration to ensure strict compliance with its order regarding the removal of encroachments on government land in Mandi district.
This directive is part of an ongoing case, CWP No. 2720/2016, presided over by Justices Vivek Singh Thakur and Bipin Chander Negi.
In the case titled Gopal Singh vs. State of HP & Ors. the petitioner challenged the eviction order dated 5th July 2016, issued by the Divisional Commissioner in case No. 164/16.
This eviction was based on an earlier order from the Collector-cum-Divisional Forest Officer of Karsog, directing the removal of Gopal Singh from forest land in Muhal Mohwa, Tehsil Karsog, District Mandi.
The petitioner’s claim of adverse possession was dismissed, as evidence showed that he had applied for regularization of the encroachment, thereby acknowledging the state’s ownership of the property. The court ruled that this admission nullified his claim of adverse possession.
The court ordered the concerned Revenue Officers and Forest Authorities to properly identify and take possession of the encroached land by 16th September 2024, with a compliance affidavit to be submitted by 30th September 2024. Additionally, any other encroachments found during the demarcation process must be removed within six months.
The court emphasized the seriousness of non-compliance, warning of adverse actions against any dereliction. The entire process is to be video documented, with copies of the recordings submitted as part of the compliance report.
The authorities are mandated to remove any detected encroachments on Government or Forest land during demarcation and identification within a six-month period from the date of detection. This action must be taken in accordance with the law.
Any improvements or structures on the encroached land will become the property of the State of Himachal Pradesh or the respective department and will be utilized for their purposes. If the encroacher wishes to reclaim fixtures or building materials, they must notify the authorities in writing and remove these materials by November 15, 2024, at their own expense.
Failure to comply with these directives or any laxity in removing the encroachments will be met with serious consequences and adverse proceedings.
The court has scheduled a compliance review for 30th September 2024.
Empower Independent Journalism – Join Us Today!
Dear Reader,
We’re committed to unbiased, in-depth journalism that uncovers truth and gives voice to the unheard. To sustain our mission, we need your help. Your contribution, no matter the size, fuels our research, reporting, and impact.
Stand with us in preserving independent journalism’s integrity and transparency. Support free press, diverse perspectives, and informed democracy.
Click [here] to join and be part of this vital endeavour.
Thank you for valuing independent journalism.
Warmly,
Vishal Sarin, Editor
