Shimla, Oct 23,
While disposing off a petition filed in 2016 the Himachal Pradesh High Court has issued a stern warning against encroachment on government and forest lands in the state. A division bench of Justice Vivek Singh Thakur and Justice Bipin Negi directed concerned officials to take immediate action to remove any such encroachments and has threatened strict legal consequences for those found to be negligent in their duties.
“ Treating the information, placed on record on affidavit and documents appended therewith, to be true and genuine, present matter is closed with direction to the concerned Officers and Officials of the Revenue and Forest Department that they shall ensure that there is no fresh encroachment on the Government/Forest land in future by petitioner(s) and any other person,” stated the bench in the two pages order.
Adding, “It is made clear that if the affidavit placed on record along with documents thereto is found to be false, then appropriate action in law shall be initiated against the erring official.”
Laying down future guidelines in such matter the court stated,” …. Concerned field official/officer in performing their duty, shall ensure steps to protect the Government/Forest land from any type of encroachment. On detecting encroachment on Government land, they (field staff) shall report the same to the next Higher Authority/Officer, who, in turn, shall ensure taking of immediate action for removal of such encroachment. In case of dereliction of duty, Field Staff/concerned Higher Authority, as the case may be, shall be liable to face, apart from contempt proceedings, the criminal as well as departmental proceedings after immediate suspension on finding unreported/overlooked encroachment/re-encroachment on the Government/Forest land,” directed the court.
Further adding that, “Departmental proceedings, in such a case, shall be initiated for removal/dismissal from service. Chief Secretary to the Government of Himachal Pradesh is directed to circulate appropriate instructions/ directions in this regard.”
To ensure compliance, the court has directed the Chief Secretary of Himachal Pradesh to circulate appropriate instructions to all concerned departments and officials. The court has also ordered the Additional Advocate General to transmit a copy of the judgment to the Chief Secretary.
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