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Himachal Pradesh High Court

Man Dass vs . State Of H.P. & Another on 22 October, 2024

Author: Vivek Singh Thakur

Bench: Vivek Singh Thakur

Man Dass vs. State of H.P. & another CWP No. 2779 of 2016 22.10.2024 Present: None for the petitioner.

Mr.Pawan K. Nadda, Additional Advocate General, for respondents-State.

Compliance affidavit, in terms of judgment dated 01.08.2024 passed in this matter, has been filed by the Divisional Forest Officer, Kullu, Forest Division Kullu, informing the compliance of directions passed by the Court in aforesaid judgment.

Documents to substantiate the averments made in affidavit along with Videography on the Pen-drive/CD have also been placed on record. It is claim of respondents/State that order passed by Court stands complied with.

Treating the information, placed on record on affidavit and documents appended therewith, to be true and genuine, present matter is closed with direction to the concerned Officers and Officials of the Revenue and Forest Department that they shall ensure that there is no fresh encroachment on the Government/Forest land in future by petitioner(s) and any other person. It is made clear that if the affidavit placed on record along with documents thereto is found to be false, then appropriate action in law shall be initiated against the erring official. Petitioner(s) shall not be allowed to regain their unauthorized occupation/possession on any portion of Government/Forest land. Concerned field official/officer in performing their duty, shall ensure steps to protect the Government/Forest land from any type of encroachment. On detecting encroachment on Government land, they (field staff) shall report the same to the next Higher Authority/Officer, who, in turn, shall ensure taking of immediate action for removal of such encroachment. In case of dereliction of duty, Field Staff/concerned Higher Authority, as the case may be, shall be liable to face, apart from contempt proceedings, the criminal as well as departmental proceedings after immediate suspension on finding unreported/overlooked encroachment/re-encroachment on the Government/Forest land. Departmental proceedings, in such a case, shall be initiated for removal/dismissal from service.

Chief Secretary to the Government of Himachal Pradesh is directed to circulate appropriate instructions/ directions in this regard.

Learned Additional Advocate General is directed to transmit copy of this order to the Chief Secretary to the Government of Himachal Pradesh.

(Vivek Singh Thakur), Judge.

(Bipin C. Negi), Judge.

October 22, 2024.

(Purohit) Digitally signed by SUBHASH CHAND DHIMAN DN: C=IN, O=HIGH COURT OF HIMACHAL SUBHAS PRADESH, OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= 3418061207364d8c002725dfc58ff116f678c 3d39289db29b992cce875905119, H CHAND PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER= 5ce240fac0e1267843f29509683d09a9912af 10edc4e6cd2ed5d4a8c30134c1b, CN= DHIMAN SUBHASH CHAND DHIMAN Reason: I am the author of this document Location:

Date: 2024.10.23 12:12:46+05'30' Foxit PDF Reader Version: 2024.3.0