Himachal Pradesh High Court
Cwp No.2748/2017 vs State Of Hp & Ors on 24 July, 2024
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
2024:HHC:6356
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2748/2017.
Date of Decision:.24.07.2024
.
Sangram Singh .....Petitioner
Versus
State of HP & Ors. .....Respondents.
Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
The Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. Y.P. Sood, Advocate.
For the Respondents: Mr. Anup Rattan, Advocate General, with
r Mr. Baldev Singh Negi, Addl. Advocate
General.
Vivek Singh Thakur, Judge (oral).
Petitioner, in the present case, has assailed order dated
22.05.2017, passed by the Divisional Commissioner, in case
No.463/2016, titled Sangram Singh Vs. State of HP, whereby his
eviction from the forest land, comprising in Khasra Nos.2607/1 &
3634/1 measuring 2-02-51 hectares, situated at Mauja UPF,
Diswani, Tehsil Chirgaon, District Shimla, HP, as directed vide order
dated 21.06.2016, passed in case No.14/2016, by Collector-cum-
Divisional Forest Officer Rohru, Forest Division Rohru under HP
Public Premises and Land (Eviction and Rent Recovery) Act, 1971,
has been affirmed.
Whether reporters of Local Papers may be allowed to see the judgment?
2024:HHC:6356
2. Learned counsel for the petitioner, on instructions, submits
that petitioner has already been dispossessed and he is not in
.
possession of the aforesaid land, wherefrom he was directed to be
evicted. Be that as it may, concerned authority shall visit on the
spot and verify the facts in terms of the directions issued
hereinafter.
3. As observed by this Court in its order dated 17.07.2024,
passed in CWP No.1028 of 2002 and connected petitions including
present petition, adjudication of CWP No.1028/2002 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 of portion thereof for the
cultivation of tea, coffee, spices, rubber, palms, oil bearing plants,
horticulture crops or medicinal plants and even any purpose other
than reafforestation, shall amount to using such land for non-forest
purpose.
2024:HHC:6356
4. Consequently, 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 31.08.2024 and
compliance affidavit with respect to taking of possession on the
before 16.09.2024.
5.
r to
spot, be filed by the concerned Divisional Forest Officer on or
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.
6. 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 30.10.2024 at his own cost.
2024:HHC:6356
7. 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.
8. Entire aforesaid proceedings shall be video-graphed and
copy of videography be placed on record with affidavit.
9. 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.
Petition is disposed of in aforesaid terms along with
pending application(s), if any.
List for compliance on 23.09.2024.
(Vivek Singh Thakur)
Judge
(Bipin Chander Negi)
Judge
24th July, 2024
(Gaurav Rawat)
