Himachal Pradesh High Court
Harish Kumar vs State Of H.P. & Another on 29 July, 2024
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 190 of 2017
.
Date of decision: 29.7.2024
Harish Kumar ...Petitioner.
Versus
State of H.P. & Another. ...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. B.S. Chauhan, Sr. Advocate with
Mr.Abhishek Thakur, Advocate.
For the Respondents: Mr.Varun Chandel, Additional Advocate
General.
Vivek Singh Thakur, Judge (Oral)
Petitioner, in present case, has assailed order dated
24.10.2016, passed by the Divisional Commissioner, Shimla in case No.
173 of 2016, titled as Harish Vs. State of H.P. and others, whereby his
eviction from the Government/Forest land comprising Khasra Nos. 159,
161, 164 measuring 0-91-48 hac., situated in Mauja Chillala, Tehsil
Chirgaon, District Shimla HP, as directed vide order dated 28.3.2016,
passed by Collector-cum-Divisional Forest Officer, Forest Division, Rohru,
District Shimla, H.P., in case No. 1682/2016, has been affirmed.
Whether the reporters of the local papers may be allowed to see the Judgment? Yes
2. Learned counsel for petitioner has submitted that aforesaid
area, referred in eviction order, has already been vacated/surrendered to
.
the Government by the petitioner and therefore, nothing survives to be
adjudicated.
3. 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.
4. 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.
5. 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 31st August, 2024 and
compliance affidavit with respect to taking of possession on the spot, be
6.
r to
filed by the concerned Divisional Forest Officer on or before 16th
September, 2024.
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.
7. 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 October, 2024 at his own cost.
8. 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.
10. Entire aforesaid proceedings shall be video graphed and copy
of videography be placed on record with affidavit.
11. 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 23rd September, 2024.
(Vivek Singh Thakur),
Judge.
(Bipin C. Negi),
Judge.
29th July, 2024
(ms)
