The Himachal Pradesh High Court has upheld orders for continuing the process of removing encroachments from forest land, making it clear that eviction orders against encroachers before October 31 will remain in effect without any leniency.
A division bench of Justice Vivek Singh Thakur and Justice Bipin Chandra Negi stated that the 2002 Encroachment Regularization Policy contains no provision for regularizing encroachments on forest land, therefore encroachers will receive no benefits under this policy.
The court noted that an affidavit filed by the Deputy Commissioner Shimla revealed that encroachment had occurred on forest land. The compliance affidavit from the Chief Conservator of Forests Shimla also reiterated that illegal encroachment had been made on forest land.
Significant encroachment cases identified
Paragraphs 3 and 4 of the Deputy Commissioner’s affidavit mention that the SDM Kotkhai found in investigation that out of 238 cases received from Ratnadi and Baghi forest beats, 75 cases involved encroachment on government land. The total area of this illegal occupation is 33-05-24 hectares.
Encroachers in these cases were also demanding regularization under the 2002 policy. The court said this claim is baseless because the High Court itself had struck down the policy on August 5 in the Poonam Gupta vs State of HP case.
The division bench ordered the state government to promptly initiate eviction proceedings against encroachers. This action should be completed in accordance with the court-determined timeline and directions from the Additional Chief Secretary (Revenue and Forest).
The DC Shimla and Forest Officer Theog have been asked to submit a report on actions taken so far by November 26. The next hearing is scheduled for December 9.
Court reprimands official for violating stay order
The Himachal High Court has expressed displeasure over the conduct of the Assistant Collector First Class Palampur for issuing eviction warrants even after an interim order. The court has ordered him to appear personally at the next hearing and provide clarification on his conduct. The next hearing will be on October 7.
The court was informed that despite the High Court granting a stay in favor of the petitioner on February 21, eviction warrants were being issued to harass them. Justice Ajay Mohan Goyal’s court said that when orders are passed in the presence of Advocate General’s office officials, it is the Advocate General’s office’s responsibility to inform concerned officials about the order.
The court clarified that this duty has not been placed on the petitioner. A petitioner needs to inform the other party of an order only when a unilateral order has been passed against any party.
The ruling reinforces the court’s commitment to protecting forest land from illegal encroachment while ensuring proper legal procedures are followed in eviction processes.
