Himachal Pradesh High Court
Meera Devi vs State Of Himachal Pradesh And Others on 5 September, 2024
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1
( 2024:HHC:8167-DB )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.520 of 2017
Date of Decision :05.09.2024
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Meera Devi ...... Petitioner
Versus
State of Himachal Pradesh and others ......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. Vinod Sharma and Ms. Mamta Bhatwan,
Advocates.
For the Respondents : Mr. Varun Chandel, Additional Advocate
General.
Vivek Singh Thakur, Judge (oral)
Petitioner, in present case, has assailed order dated
19.12.2016, passed by the Divisional Commissioner, in Case No.506 of
2016, titled as Meera Devi vs. The Collector -cum- DFO, Rohru, whereby
her eviction from the forest land, comprising in Khasra No.313 measuring
area 0-26-30 hectares situated in Mauja Giltari, Tehsil Jubbal, District
Shimla, as directed vide order dated 12.07.2016, passed by Collector-
cum-Divisional Forest Officer, Rohru Forest Division, Rohru under H.P.
Public Premises and Land (Eviction and Rent Recovery) Act, 1971, in
case No. 183/2008, has been affirmed.
Whether reporters of Local Papers may be allowed to see the judgment?
( 2024:HHC:8167-DB )
2. Land in reference has been identified and demarcated by
the respondents as Forest Land, pertaining to Mauja Giltari, Tehsil Jubbal,
District Shimla.
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3. Learned counsel for the petitioner has submitted that in
present case land has not been properly identified by conducting valid
demarcation.
4. From the record, it is apparent that petitioner had also
submitted an application for regularization of her 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
regularization. On the basis of Challan presented before the Collector-
cum- Divisional Forest Officer, notice under Section 4 of the H.P. Public
Premises and Land (Eviction and Rent Recovery) Act, 1971, was issued
to the petitioner.
5. On appearing before the Collector-cum- Divisional Forest
Officer, the petitioner had admitted and confessed the encroachment on
the forest land, whereupon, eviction order was passed against her.
6. It had also been recorded by the Divisional Commissioner
that it had been pleaded on behalf of the petitioner that demarcation to
ascertain the boundaries of the land was not conducted and petitioner had
made submission before the Collector to vacate the land in case land in
question was found to be the forest land, on demarcation. It was the case
of the petitioner that the Government land was abutting to their private
land and, therefore, demarcation be conducted before taking possession.
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7. During pendency of present petition, petitioner had filed
affidavit dated 5th May, 2017 admitting therein encroachment on the
Government land with an undertaking expressing her readiness and
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willingness to relinquish the encroached land in favour of the Government,
in case she is found in possession of the land more than 5 Bighas.
Admission with respect to encroachment on forest land is writ large on the
record.
8. From the material on record, it is apparent that petitioner is
in unauthorized possession of forest land.
9. 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.
10. 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
( 2024:HHC:8167-DB )
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
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reafforestation, shall amount to using such land for non-forest purpose.
11. 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.
12. 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 15th October, 2024 and compliance
affidavit with respect to taking of possession on the spot, be filed by the
concerned Divisional Forest Officer on or before 30th October, 2024.
13. 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.
14. Improvements/structures, if any, made on the encroached
land shall vest in the State of Himachal Pradesh/Department and shall be
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utilized by the State/Department for its use. In case petitioner/encroacher
intends to take away the fixtures/building material/debris for her own use,
she may opt for that in writing, but in that eventuality she shall take away
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the material of the structure before 15th December, 2024 at her own cost.
15. It is made clear that in case petitioner/encroacher opts to
take away the fixtures/building material/debris for her own use, apart from
movable articles, it will not give her right to continue with the possession
of the encroached land and/or structure/ building raised on the said land.
On exercising such option, petitioner/encroacher has to remove entire
material, including debris, to hand over the vacant possession of the land
and, thereafter, she shall have to obtain No Objection/Clearance
Certificate about complete removal of everything from the spot whereupon
illegal structure had been raised.
16. In case, she removes fixtures/material only leaving behind
the debris/ remains of the building on the spot, in the Government land,
the same shall be removed by the Department but on the expenses of the
petitioner/encroacher and on failure to pay such costs/expenditure, the
same shall be recovered from the petitioner/ encroacher/successor-in-
interest as arrears of land revenue.
17. Aforesaid extended time is applicable to immovable
property, but not to movable articles. However, in special circumstances
movable articles may be taken within reasonable time, say 5 to 7 days,
after initial last date of vacation/taking over possession of the
land/property.
( 2024:HHC:8167-DB )
18. 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
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shall ensue.
19. Entire aforesaid proceedings shall be video graphed and
copy of videography be placed on record with affidavit.
20. 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.
21. The petition is disposed of, so also pending application(s), if
any, in aforesaid terms.
List for compliance on 5th November, 2024.
( Vivek Singh Thakur)
Judge
( Bipin Chander Negi)
September 05, 2024 (KS) Judge
