Himachal Pradesh High Court
Joginder Singh vs State Of H.P on 20 August, 2024
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
( 2024:HHC:7169 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 181 of 2017
.
Date of decision: 20.8.2024
Joginder Singh. ...Petitioner.
Versus
State of H.P. ...Respondent.
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.B.S. Chauhan, Senior Advocate,
alongwith Mr.Abhishek Thakur, 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
24.10.2016, passed by the Divisional Commissioner, in Appeal No. 171 of
2016, titled as Joginder Singh Vs. The Collector-cum-DFO, whereby his
eviction from the forest land in Mauja Chillala comprising Khasra Nos. 124,
135, 170, 171, 173, 184, 161 and 154, measuring 3-00-00 hectares, as
directed vide order dated 28.3.2016, passed by Collector-cum-Divisional
Forest Officer, Rohru, Forest Division Rohru, H.P., in case No. 1679 of
2016, has been affirmed.
Whether the reporters of the local papers may be allowed to see the Judgment? Yes
( 2024:HHC:7169 )
2. As per eviction order dated 28.3.2016 passed by Divisional
Forest Officer, the land encroached by petitioner was identified by the
.
demarcation report of Kanungo and petitioner had confessed the
unauthorized occupation on the forest land referred supra and in reply to
the notice, he had not denied his unauthorized possession on the land in
reference and his claim was that his unauthorized possession has been
recorded in the settlement proceedings and, therefore, proceedings for
ejectment, if any, are to be initiated by the Settlement Officer.
3. It is apt to record here that similar proceedings were initiated
and eviction orders have been passed against Harish, Munish and Rajiv,
who are sons of petitioner Joginder Singh. They have preferred CWP Nos.
192, 180 and 179 of 2017.
4. At this stage Mr.B.S. Chauhan, Senior Advocate, under
instructions, who is also representing the sons of petitioner, in their
respective petitions referred supra, has submitted that sons of petitioner
have communicated that Joginder Singh has expired and the land in
possession of Joginder Singh, except Khasra Nos. 170 and 171, has
already been surrendered to the Department/Government and further that
after death of petitioner Joginder Singh, his legal heirs, i.e. his three sons,
namely, Harish, Munish and Rajiv, who have preferred above referred Writ
Petitions against eviction orders passed against them, are not interested to
pursue present petition and, therefore, no steps for substitution of deceased
petitioner have either been taken or proposed.
( 2024:HHC:7169 )
5. In view of above, present petition stands abated and
challenge laid to the impugned eviction order passed against Joginder
.
Singh fails.
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 who was repreasenting the petitioner, we do not find
any merit in the petition and accordingly the same is dismissed being
abated as well as for want of prosecution.
( 2024:HHC:7169 )
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, if
not already taken, 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 LRs of deceased
petitioner intend to take away the fixtures/building material/debris for their
own use, they may opt for that in writing, but in that eventuality they shall
take away the material of the structure before 15th November, 2024 at their
own cost.
( 2024:HHC:7169 )
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.
(Bipin C. Negi),
Judge.
20th August, 2024
(Keshav)
