Himachal Pradesh High Court
Mehar Chand vs . State Of Hp And Others on 12 November, 2024
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Mehar Chand vs. State of HP and others CWP No.412 of 2017 12.11.2024 Present: Ms. Mamta K. Bhatwan, Advocate, for the petitioner.
Mr. Anup Rattan, Advocate General with Mr. Varun Chandel, Additional Advocate General, for the respondents/State. Compliance affidavit, in terms of judgment dated 02.09.2024 passed in this matter, has been filed by the Divisional Forest Officer, Rohru, Forest Division, Rohru, 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 -2- 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 transmit copy of this order to the Chief Secretary to the Government of Himachal Pradesh.
( Vivek Singh Thakur )
Judge
( Bipin C. Negi )
November 12, 2024 (KS) Judge