Himachal Pradesh High Court
Daya Ram vs State Of H.P. & Others on 7 August, 2024
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 3213 of 2016
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Date of decision: 07.08.2024
Daya Ram ...Petitioner.
Versus
State of H.P. & others ...Respondents.
Corum
Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Hon'ble Mr. Justice Bipin C. Negi, Judge.
Whether approved for reporting?1
For the Petitioner : Mr. Karan Singh Kanwar, Advocate.
For the Respondents: Mr. Anup Rattan, Advocate General,
alongwith Mr. Baldev Negi, Additional
Advocate General.
Vivek Singh Thakur, Judge (Oral)
Petitioner, in present case, has assailed order dated
28.10.2015, passed by the Divisional Commissioner, in Appeal No. 11 of
2013, titled as Daya Ram Vs. State of H.P., whereby his eviction from the
Government/forest land comprising Khatauni No. 98/374 min Khasra No.
1212/2 (9-05 bighas) comprising of Reserve Forest RF Gatta Mandwach C-
3 at Village Gatta Bagri, P.O. Sangna, Tehsil Sangrah, District Sirmour,
H.P., as directed vide order dated 17.12.2012, passed by Collector-cum-
DFO Renuka Ji, H.P., in case No. 2/Sg/2012-13, has been affirmed by
dismissing the appeal in default.
Whether the reporters of the local papers may be allowed to see the Judgment? Yes
2. Learned counsel for the petitioner submitted that though no
reply has been filed by the petitioner in response to the Notice issued to
.
him under Section 4 of the PP Act, however, the witnesses of the State
were cross examined by him and petitioner had also appeared as a witness
in witness box in defence, but the said cross examination as well as
deposition of the petitioner have not been taken into consideration.
3. In absence of the reply, petitioner could have cross examined
witnesses of the State, and that was allowed by the Collector. However, in
the absence of any pleading on record, the deposition of the petitioner as a
witness is of no help of the petitioner.
4. Moreover, the encroachment on the land in reference has
been admitted by the petitioner by filing affidavit dated 19th May, 2017 in
furtherance to order dated 11.04.2017 passed by this Court, wherein it has
been stated by the petitioner that he is in possession of land comprised in
Khasra No. 1212/4 measuring 7-05 bigha situated in Mauza Gatta
Mandwach, Tehsil Renukaji District Sirmaur and out of that he will
surrender 2-05 bigha of land by retaining 5 bigha of the land as per
proposed Government Policy.
5. As the policy so proposed in the year 2017 is not being
pursued by the State and there is no proposal for allowing such retention of
6 bighas of land and otherwise also for the provisions of Forest
Conservation Act, the State Government is not empowered to do so without
approval of the Central Government, and there is no policy pending before
the Central Government for such approval, the petitioner has no right to
continue unauthorized possession of the Forest Land in reference.
.
6. As observed by this Court in its order dated 17.7.2024,
passed in CWP No. 1028 of 2002 and connected petitions including present
petition, adjudication of CWP No. 1028 of 2002 regarding validity of Section
163(A) of the Himachal Pradesh Land Revenue Act, 1953 and Himachal
Pradesh Regulation and Encroachment (in certain cases) of Government
Land and Disposal of Government Land Rules, 2002, shall have no impact
in the present matter, because in the absence of approval of the Central
Government or for want of pendency of any request for such approval of
the Central Government, the forest land cannot be put to a use, which is a
non-forest purpose, as also has been defined and explained in Section 2 of
Forest Conservation Act, 1980, clarifying that breaking up or clearing of any
forest land or portion thereof for the cultivation of tea, coffee, spices,
rubber, palms, oil bearing plants, horticulture crops or medical plants and
even any purpose other than reafforestation, shall amount to using such
land for non-forest purpose.
7. After going through the record, impugned order and
averments made in the petition and also considering the submissions made
by learned counsel for the petitioner, we do not find any merit in the petition
and accordingly the same is dismissed.
8. Consequentially, concerned Revenue Officers, including
Tehsildar concerned and Forest Authorities, including DFO concerned, are
directed to identify the Government/forest land encroached by the petitioner
properly and take possession of the encroached Government/forest land by
.
fixing permanent boundary marks of the Government land on or before
30th September, 2024 and compliance affidavit with respect to taking of
possession on the spot, be filed by the concerned Divisional Forest Officer
on or before 15th October, 2024.
9. The concerned authorities are also directed to remove other
encroachment(s) from the Government/Forest land detected/found on the
spot during demarcation/identification of the land in reference by taking
appropriate action in accordance with law in time bound manner, to the
maximum within six months from the date on which such encroachment is
found/detected.
10. Improvements/structures, if any, made on the encroached
land shall vest in the State of Himachal Pradesh/Department and shall be
utilized by the State/Department for its use. In case petitioner/encroacher
intends to take away the fixtures/building material/debris for his own use, he
may opt for that in writing, but in that eventuality he shall take away the
material of the structure before 30th November, 2024 at his own cost.
11. Any dereliction in performing compliance of aforesaid direction
or laxity to remove encroachment from Government/Forest land shall be
taken seriously and consequential adverse action/proceedings shall ensue.
12. Entire aforesaid proceedings shall be video graphed and copy
of videography be placed on record with affidavit.
13. Learned Advocate General is directed to bring this order in the
notice of the Chief Secretary to the Government of Himachal Pradesh, for
.
ensuring timely compliance.
The petition is disposed of, so also pending application(s), if
any, in aforesaid terms.
List for compliance on 16th October, 2024.
(Vivek Singh Thakur),
Judge.
r (Bipin C. Negi),
Judge.
07th August, 2024
(tarun)
.
