Himachal Pradesh High Court
Gita Ram vs State Of H.P. & Others on 13 August, 2024
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
( 2024:HHC:7094 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 281 of 2017
.
Date of decision: 13.8.2024
Gita 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.Manohar and Ms.Mamta K. Bhatwan,
Advocates, vice Mr.B.N. Sharma, 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
17.11.2016, passed by the Divisional Commissioner, in Appeal No. 222 of
2016, titled as Gita Ram Vs. State of H.P., whereby his eviction from the
forest land in Mauja Himnagri comprising Khasra Nos. 526/1, 526/2,
measuring 0-88-43 hectares, as directed vide order dated 29.3.2016,
passed by Collector-cum-Divisional Forest Officer, Rohru, Forest Division
Rohru, H.P., in case No. 1718 of 2016, has been affirmed.
Whether the reporters of the local papers may be allowed to see the Judgment? Yes
( 2024:HHC:7094 )
2. Learned counsel for the petitioner has submitted that in
present case land has not been properly identified by conducting valid
.
demarcation.
3. From the record, it is apparent that petitioner had submitted
an application for regularisation of his unauthorized occupation on the land
in reference and the said case/application was submitted by the Revenue
Authorities to the office of Divisional Forest Officer for regularisation.
4.
r to
Petitioner had also confessed before the DFO/Collector that he was in
unauthorized occupation of forest land referred supra.
During pendency of present petition, affidavits dated 5th May,
2017 and 13th November, 2018 were filed by the petitioner, wherein
petitioner has claimed that he has surrendered the possession in favour of
Department by retaining only one bighas of land, therefore, he has admitted
the encroachment on the Government land.
5. From the material on record, it is apparent that petitioner is in
unauthorised possession of forest land.
6. In view of order to be passed herein after, grievance of the
petitioner with respect to demarcation would be redressed as the
concerned Authority, for proper identification of the land in reference, shall
have to demarcate the land in accordance with law.
7. 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
( 2024:HHC:7094 )
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.
8. 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.
9. 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
( 2024:HHC:7094 )
possession on the spot, be filed by the concerned Divisional Forest Officer
on or before 15th October, 2024.
.
10. 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.
11. to
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 15th November, 2024 at his own cost.
12. 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.
13. Entire aforesaid proceedings shall be video graphed and copy
of videography be placed on record with affidavit.
14. 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.
( 2024:HHC:7094 )
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.
(Bipin C. Negi),
Judge.
13th August, 2024
(Keshav)
