SC orders status quo on HC verdict as HP moves ahead with forest land regularisation policy
Shimla/New Delhi, July 16
The Supreme Court has ordered maintenance of status quo in the case arising out of the Himachal Pradesh High Court’s August 5, 2025 judgment that struck down Section 163A of the Himachal Pradesh Land Revenue Act, even as the Himachal Pradesh Government has moved ahead with a policy to regularise eligible encroachments on forest land.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta, while hearing Special Leave Petition (Civil) Diary No. 53469 of 2025 filed by Dr. Onkar Singh Shad, granted permission to file the Special Leave Petition, issued notice to the respondents and directed that the matter be tagged with SLP (Civil) Diary No. 37460 of 2025. The Bench further ordered, “Until further order(s), the status quo be maintained.”
On July 14, 2026, the apex court had also passed an interim order in the State government’s appeal against the same High Court judgment, directing that the existing position with regard to the suit property be maintained until further orders. The matter was tagged with the connected Special Leave Petition.
” Until further orders, status quo, with regard to the
suit property, as it exists today, shall be maintained by
the parties.” SC division bench stated in one page order issuing notice to Respondent.
The Himachal Pradesh High Court, in its judgment in Poonam Gupta versus State of Himachal Pradesh, had quashed Section 163A of the Himachal Pradesh Land Revenue Act, which empowered the State to confer ownership rights over up to five bighas of government land to eligible landless and small farmers.
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Meanwhile, in a recent meeting of the Council of Ministers chaired by Chief Minister Sukhvinder Singh Sukhu, the State Government approved a policy proposing regularisation of eligible encroachments on forest land in favour of farmers owning up to 20 bighas of land. The policy has been forwarded to the Central Government as a large portion of forest land in Himachal Pradesh is governed under central forest laws.
After the Centre takes a decision on the proposal, the policy is expected to be placed before the Supreme Court, which is hearing the challenge to the High Court’s judgment and related matters.
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