Himachal Pradesh High Court
Court On Its Own Motion vs State Of H.P. & Others on 8 January, 2025
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
2025:HHC:3013-DB
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPIL No. 17 of 2014 & CWPIL
No.9 of 2015
Date of decision: 8th January, 2025
1. CWPIL No. 17 of 2014
Court on its own motion ...Petitioner.
Versus
State of H.P. & others ...Respondents.
2. CWPIL No. 9 of 2015
Court on its own motion ...Petitioner.
Versus
State of H.P. & others ...Respondents.
Corum
Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Hon'ble Mr. Justice Bipin C. Negi, Judge.
Whether approved for reporting?1
CWPIL No. 17 of 2014
For the Petitioner : Mr. Jia Lal Bhardwaj, Sr. Advocate as
Amicus Curiae with Ms Dhanwanti,
Advocate.
For the Respondents: Mr. Anup Rattan, Advocate General with
Mr.Varun Chandel, Additional Advocate
General for respondents No. 1 to 8.
Ms. Sunita Sharma, Sr Advocate with
Mr.Dhananjay Sharma, Advocate for
respondent No.9.
None for others.
1
Whether the reporters of the local papers may be allowed to see the Judgment?
2
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CWPIL No 9 of 2015
For the Petitioner : Mr. Jia Lal Bhardwaj, Sr. Advocate as
Amicus Curiae with Ms Dhanwanti,
Advocate.
For the Respondents: Mr. Anup Rattan, Advocate General with
Mr.Varun Chandel, Additional Advocate
General for respondents No.1 to 11.
Mr. Janesh Gupta, Advocate, for
respondents No,12 to 24.
Mr Abhinav Thakur, Advocate for
respondents No.25 to 33 and 35 to 37.
None for respondents No. 34(a) to 34(f).
Vivek Singh Thakur, Judge (Oral)
For involvement of similar nature of issue to be adjudicated in these both petitions dealing with the encroachment upon Government/Forest land and removal thereof, these petitions are being disposed of by this common judgment.
CWPIL No. 17 of 20142 On receiving letter dated 26th November, 2014 from Krishan Chand Sarta resident of village Jhadag, Tehsil Jubbal, District shimla H.P. in December, 2014, complaining encroachment upon forest land by large number of villagers by planting/sowing apple plants/potatoes, peas and raising construction thereon, with further grievance regarding inaction on the part of Departmental Officers/Officials who were expressing their inability to take action, it was directed by Hon'ble the Chief Justice to register the said letter as present petition being CWPIL No. 17 of 2014.
32025:HHC:3013-DB 3 Initially, the State of H.P. through the Chief Secretary along with others Government Officers/Offices/Departments were arrayed as party, but later on other respondents including Himachal Pradesh State Electricity Board, Department of Irrigation and Public Health and other private respondents, were also impleaded as party.
4 Other petitions, Writ Petitions filed by individuals and Public Interest Litigation petitions, related to the issue of encroachment, were also tagged and adjudicated together with this petition.
5 During pendency of present petition and other connected matters, various instructions/directions were passed by the different Division Benches on different dates particularly on 6.4.2015, 27.07.2015, 6.8.2015, 30.8.2015, 18.10.2016 and 6.12.2017.
6 On 6th April, 2015, it was observed by the Division Bench of this Court as under:-
"8. The very object and purpose of encroaching upon the forest land is only to make a quick buck by illegal means. Therefore, there is no reason why the encroachers should not be made to cough up the extra buck which they have earned over a long period of time.
9. People have long referred to the trees as Earth's lungs as they play a crucial role in our existence, consuming large quantities of carbon dioxide and producing oxygen which enables us to breathe. Apart from providing oxygen, they also cleanse the air and improve its quality, control 4 2025:HHC:3013-DB climate, protect soil and support vast varieties of wildlife. It is universally accepted that deforestation is major contributing factors of climate change and that is why it is so important to protect trees and secure our natural landscapes for future generations.
10. The 'sustainable development theory' recognizes and avows 'precautionary principle' and 'polluter pays principle'. The State is having the rights flowing from their position as parents patriae. The forest conservation and eco- management are two inevitable obligations which are to be respected when the theory of 'sustainable development' is put into operation. What is required is the insistence for 'gun and guard' approach in day-to-day supervisory functions of the Government.
11. The 1992 Rio Declaration on environment and development has been adopted by India and principle 13 thereof provides:
"The States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage. States shall also co-operate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their jurisdiction or control to areas beyond their jurisdiction."
12. In view of the above declaration, the State is under obligation to safeguard and compensate not only the victims 5 2025:HHC:3013-DB of polluters but also liable to compensate for the adverse effects of an environmental damage. The 'Polluters Pays Principle' as interpreted by the Hon'ble Supreme Court means that the absolute liability for harm to the environment extends not only to compensate the victims of pollution but also the cost of restoring the environmental degradation. Remediation of the damaged environment is part of the process of 'Sustainable development' and as such polluter is liable to pay the cost not only to the individual sufferers but even to the society as a whole, towards the cost of reversing the damaged ecology.
13. The 'Polluter Pays Principle' can appropriately be applied to the cases of encroachers because it is the injury caused by each of the occupier/encroacher to the pristine forest wealth and is, therefore, liable compensate for the same. It is more than settled that the forest land cannot be put to for any non-forest purpose but for the facts already set out, it would reveal that there would be environmental degradation in using the forest for non-forest purposes by the occupier/encroacher affecting the environmental equilibrium. This position is apodictic and unassailable. The activities of the occupiers/encroachers in the forest land for the last so many years has had its antagonistic effectiveness in the environmental premise. Therefore, all those responsible for environmental degradation cannot be exculpated.
14. Looking into the nature of the controversy, we are of the view that Irrigation & Public Health as also the Electricity Board are necessary parties to the present petition.
62025:HHC:3013-DB Accordingly, I&PH Department through its Engineer-in-Chief, Shimla-2 and HPSEBL through its Executive Director shall stand impleaded as party respondents No. 8 and 9.
15. Having regard to the facts and circumstances of the case and taking holistic view of the matter, we are of the opinion that the following interim directions, at this stage, would subserve the interest of justice:
(a) Respondents No. 8 and 9 are directed to forthwith disconnect the electricity and water connections provided to all illegal structures raised by way of encroachment over the Government land irrespective of whether these structures are permanent, temporary or are simply tin sheets structures.
(b) It shall henceforth be obligatory for the office bearers of the Panchayats, being public servants, to report all cases of encroachment within their jurisdiction.
(c) In all cases where the encroachments have been removed or yet to be removed, the cost of removal/eviction of such encroachment shall be recovered from the encroacher.
(d) In all cases where the encroachments have been removed or yet to be removed, the vacated land shall be fenced with barbed wire at the cost of the encroacher.7
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(e) All crops and plants existing over the encroached land shall be destroyed, cut, uprooted etc. at the costs and expenses of the encroacher.
(f) The Forest Guards throughout the State shall henceforth submit a half yearly report to the Head Office through the concerned D.F.O. with respect to the number of encroachments alongwith the details when the same were detected and action taken thereupon.
(g) The respondents shall also initiate recovery proceedings for the undue profit earned by the encroacher by not only cutting down the forest trees but also by utilizing the land by sowing crops and raising orchards. This exercise after computing the value of the trees which have been illicitly cut or removed from the land shall be worked out on the basis of five years average yield.
(h) In all the aforesaid cases where the amount is now recoverable from the encroacher or an ex- encroacher, if not paid within a reasonable time, be recovered as arrears of land revenue under the H.P. Land Revenue Act, 1978.
(i) The amount so recovered/collected from the encroacher, shall be ear-marked by the Government for the expenditure towards compensatory afforestation scheme promulgated by the Government or for other incidental or ancillary purposes as it may deem fit and proper.
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16. All the respondents are directed to ensure that all the encroachments over the Government land are got vacated as expeditiously as possible and in no event later than six months. It shall be the personal responsibility of all the DFOs to ensure compliance of the aforesaid directions."
7 On 27th July, 2015, while rejecting the prayer of modification in order dated 6.4.2015, made on behalf of the State/respondent it was observed and directed by the Court as under:-
"4. Before we pass any direction, we deem it proper to record herein that it appears that the officials/officers of the State have remained in deep slumber for a pretty long time and have shut their eyes allowing the encroachers to plant apple trees, which have now become fruit growing trees/orchards, is suggestive of the fact that those encroachers would have cut down the forest trees from the encroached forest land, made that land vacant and thereafter, would have made plantation. The least is said is better.
5. It is also not known as to whether any action has been drawn by the State authorities against all those encroachers, who have cut down the forest trees and have made plantation of apple trees and whether any action has been taken against all those officers/officials who were in position from time to time.
6. It is made clear that we are not going to make any modification in any of the interim directions passed from time to time, but in order to preserve/protect the forests, the crops 9 2025:HHC:3013-DB and the fruits, i.e. apples, we deem it proper to issue the following directions:
(i) The State officers in general and the
Chief Secretary to the Government of Himachal
Pradesh and the Principal Secretary
(Forests) to the Government of Himachal
Pradesh in particular, are held responsible
to pluck the apples, conduct the sale of the apples and utilize the sale price for planting forest trees, which are known as forest species, and not any other kind of plantation, i.e. apple, pears, plum, cherries, almonds, etc.
(ii) They are directed to take a exercise of pruning of apple trees, on the encroached forest land, after plucking the apples in order to minimize the apple crop in the coming seasons.
(iii) They are also permitted to conduct sale of standing crops on the encroached forest land and utilize the sale price for the purpose of plantation of forest trees and its preservation with a further direction to ensure that no person is allowed to sow seeds of any crop on the encroached forest land. For the coming seasons, if any crop grows on its own, i.e. by natural process, that be destroyed.
7. The Chief Secretary to the Government of Himachal Pradesh, the Principal Secretary (Forests) to the Government 10 2025:HHC:3013-DB of Himachal Pradesh and the Director General of Police are personally held responsible to monitor the entire exercise and have also to execute an undertaking to the effect that they will ensure that all directions passed by this Court from time to time, including the directions contained in this order, are implemented and complied with in letter and spirit.
8. On 6th August, 2015, it was further directed as under:-
"6. In the given circumstances, we deem it proper to pass following directions:
(i) The Staterespondents are directed to make
videography of the apple trees, other fruit
bearing trees and the crops standing on the
encroached forest land and also of the
auction proceedings.
(ii) Lodging of FIRs does not mean that
the encroachment proceedings have come
to an end, are to be kept under eclipse.
FIR relates to trespass and other offences
punishable under the applicable penal laws, but the apple trees, other fruit bearing trees, crops and other encroachments made on the forest land are to be removed in terms of the mandate of law read with the orders passed by this Court from time to time and the fruits/crops are to be dealt with in terms of the said orders.
(iii) Encroachment on one inch or on
thousand inches, is an encroachment and
11
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the encroachers are liable to be evicted
and dealt with under law."
9. On 23rd August, 2016, it was directed as under:-
"2.....In the meantime, respondents are directed to comply with all the orders, which have been passed by this Court from the date this Court has taken cognizance till today."
10. On 30th August, 2016, it was further directed as under:-
"4. In the given circumstances, we deem it proper to issue the following directions:
(i) All the respondents are directed to comply with the directions issued by this Court from time to time;
(ii) If any process has been initiated by the Government in terms of the reply filed in CWP No. 3141 of 2015, be expedited as per the law applicable and in tune with the orders passed in this petition;
(iii) The respondents are directed not to cut the trees but go for pruning, as has already been ordered by this Court vide order, dated 27 th July, 2015;
(iv) The respondents are directed to submit details of the auction conducted and the amount deposited during the auction proceedings conducted in terms of orders, dated 27 th July, 2015 and 6 th August, 2015."12
2025:HHC:3013-DB 11 On 18th October, 2016 it was further directed as under:-
"We direct the Principal Chief Conservator of Forests, (HoFF), Himachal Pradesh to personally monitor and ensure that all cases of at least Districts Shimla and Kullu be firmly dealt with and encroachments over government/forest land removed within the period so undertaken by him. We clarify that failure to implement the orders of this Court and abide by the undertaking furnished to this Court shall tantamount to aggravation of contempt, consequences whereof already stand explained to him. We are further informed that with respect to all 1481 cases pertaining to encroachments (less than 10 Bighas) in Rohru Forest Division, the concerned District Forest Officer has passed necessary orders. Also out of 418 cases of encroachment pertaining to more than 10 Bighas, 399 cases already stand decided.
As such, we direct the District Forest Officer, Rohru to decide the remaining cases, positively within a period of four weeks from today.
Further, where orders of eviction already stand passed by the District Forest Officer, Rohru, Principal Chief Conservator of Forests, (HoFF), Himachal Pradesh undertakes to ensure eviction of all encroachers, within four weeks.
We are further informed that in all 12 revenue districts of the State of Himachal Pradesh, total number of 4299 cases of revenue challan were authorities, filed before various revenue out of which 1277 cases stand decided and 13 2025:HHC:3013-DB remaining 3022 cases are pending before various revenue authorities. Mr. Anup Rattan, learned Additional Advocate General, under instructions, assures the Court that under all circumstances, all these cases would positively be decided within a period of eight weeks from today. We direct it to be so. Also, an affidavit indicating status of all these cases be filed by the Principal Secretary, Revenue within a period of two weeks from today.
We are further informed that out of 1277 such cases, encroachments in respect of 908 cases stand removed and process for eviction with respect to remaining 369 cases is in progress. With respect to the same, Mr. Anup Rattan, learned Additional Advocate General, under instructions, undertakes to ensure removal of all encroachments within a period of four weeks."
12 Taking into consideration the aforesaid directions and information placed on record, it was further directed on 6th December, 2017 as under:-
"14. In addition to the above, we deem it proper to issue further directions to the following effect:-
i). It shall not only be obligatory but shall be the personal responsibility of office bearers/officers, irrespective of their rank and file, of Gram Panchayat, Gram Sabha, Panchayat Samiti, Zila Parishad and employees/officials of the Forest, Revenue and Police Department to ensure that the orders passed by this Court are complied with in its letter and spirit and in 14 2025:HHC:3013-DB default, such officers/official liable for being prosecuted and punished under the Contempt of Courts Act.
ii). The Principal Chief Conservator of Forest shall place on record the half yearly report submitted by the Forest Guards with respect to the number of encroachments alongwith the details as was directed by this Court vide its order dated 06.04.2015 (supra) and the consequent action taken thereupon.
iii). The respondents shall also submit a detailed status report clearly stating therein the details of proceedings of recovery of undue profit that had been initiated by them in compliance to directions passed vide order dated 06.04.2015 (supra).
iv). The respondents shall also ensure that in cases of encroachments that have attained finality, no encroacher(s) who is yet to be vacated for any reason is permitted to enter the encroached land and cultivate or develop the same or utilize the usufruct thereupon and further ensure that the apple and other fruit bearing trees standing thereupon are not permitted to be pruned by the encroachers nor they be permitted to dig its basin or spray the same. In short to ensure that encroacher(s) is not permitted to take any step to reap the harvest out of and from the encroached land.15
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v). Lastly, we direct the respondents to use drone not only to keep hawk eye of 360 degree on encroached areas but also detect the cases of fresh to cases encroachment."
13 In sequel to order dated 3rd September, 2024, fresh status report dated 16th December, 2024 was filed on behalf of respondents No. 1, 2, 4 and 6 on affidavit of Deputy Conservator of Forest at Rohru Forest Division Rohru, District Shimla stating therein as under:-
"2. That, it is submitted that total 37 encroachment cases were detected/found in village Jharag in which challans were filed before Collector-cum-DFO, Rohru under H.P. Public Premises (Eviction and Rent Recovery) Act 1971. Out of the total 37 cases, in 21 cases of the encroachment on the Government/forest land has been evicted by the respondent No.6 on spot as per (Annexure R-1) during the year 2015 and 2016. Thereafter, further evictions were carried out in 4 more cases in compliance with Honorable High Court order dated 01.10.2024 in which encroachment on the Govt/Forest land has also been removed on the spot and the possession of the Govt./Forest land has also been removed on the spot and the possession of the Govt/Forest land has been taken by the Forest Department on 11-10-2024 and the Honorable High Court was requested to grant further time to respondent No.6 to complete the evictions when the case was listed on 15.10.2024. Thereafter, the respondent No.6 has carried out evictions in 4 more cases on 14-11-2024. (Consolidated List submitted as Annexure R-II). The possession receipt 16 2025:HHC:3013-DB certifying the taking over of the land from Sh. Inder Singh, Joginder Singh, Devinde rsingh and Satya Prakash (through LRs) by respondents are enclosed as (Annexure R-III, R-IV, R-VI, R-V,. R-VI, R-VII, R-VIII, R-IX and R-X) respectively.
That in 03 cases appeals has been filed by the encorachers before the Ld. Court of Divisiona Commissioner, Shimla (Annexure R-XI).
3. That in 5 cases the encroachers could not be evicted by the respondent due to the reason that the encroached land could not be identified by the revenue officers/official as revenue as well as Forest staff are already engaged in compliance of the order of this Hon'ble Court passed in various cases tagged with CWP No. 1093/2016 titled as Chatter Singh Vs. State of HP and Ors and CWP No. 1028/2002. Hence, it is prayed that respondent no.6 may be given additional time of one month for conducting eviction and submitting compliance."
14 As per aforesaid status report, total 37 encroachment cases were detected/found in village Jhadag and out of that, except 8 cases, encroachment was removed and encroachers were evicted. However, in fresh affidavit dated 24th December, 2024 of Deputy Conservator of Forest Rohru it has been informed that encroachment in all 37 cases, detected in village Jhadag, stands removed by stating that encroachment in 21 cases was removed during 2015-16, whereas eviction in 4 cases was carried out and forest land has been taken back by the Forest Department on 11th October, 2024, and encroachment in 4 more cases has been removed by 17 2025:HHC:3013-DB Forest Department on 14th November, 2024. The detail of these 29 cases have already been placed on record with affidavit dated 16th November, 2024 as Annexures R-1 and R-2. It has been further informed that eviction in remaining 8 cases of encroachment on Government/Forest land has also been completed by implementing the orders of Divisional Forest Officer-
cum-Collector. To substantiate the claim, copies of statements of persons certifying taking over of the land from encroachers have been placed on record as Annexures R-4 to R-9. List of cases has been placed on record as Annexure R-3.
CWPIL No. 9 of 201515 On receiving communication dated 15th May, 2015 regarding encroachment upon the forest land by large number of villagers in villages Nagpuri Chaithla, Sewag Chaithla, Kadevag Chaithla with further complaint of providing financial aid by Horticulture Department amounting to Rs.30 lacs to the encroachers for raising grading and packing house on the encroached land, financial assistance for constructing Irrigation Water Storage Tank, and water connection by the IPH Department and electricity connection by the Electricity Board to the encroachers, the present petition was directed by Hon'ble the Chief Justice to be registered as present petition being CWPIL No. 9 of 2015.
16 Initially, State of Himachal Pradesh along with the Government Departments, Officers and officials were arrayed as party, but 18 2025:HHC:3013-DB later on private respondents were also arrayed as party respondents No. 12 to 48.
On 5th June, 2015 following directions were issued:-
"In the circumstances, we deem it proper to direct the respondents to file a detailed report to the following effect:-
a) What steps the respondents have taken to remove the encroachments.
b) Whether the encroachers have been brought to book.
c) Whether demarcation process has been started?
If yes, the stage of the same and the period within which the same is likely to be concluded.
d) Whether any officer/official is hand in glove with the encroachers and whether any departmental inquiry has been drawn against such employees and stage/outcome of the same."
17 On 23rd June, 2015 this petition was tagged with CWPIL No.17 of 2014 and thereafter, it has been adjudicated together and thus directions/orders passed by the Court in CWPIL No 17 of 2014 and other matters connected therewith, are also applicable to the present petition.
18 In sequel to order dated 3rd September, 2024, status report dated 21st September, 2024 was filed on behalf of respondent No.2 on affidavit of Additional Chief Secretary (Revenue) stating therein that encroachment in all 57 cases of encroachment on the Government land 19 2025:HHC:3013-DB have been evicted by the authorities of Revenue Department in compliance of order of ejectment passed by the competent authority under Section 163 of H.P. Land Revenue Act, 1954 with further submission that encroachment in the demarcated protected forest area has been removed by the authorities of Forest Department regarding which separate status report was being filed by the Principal Secretary (Forest) to the Government of H.P. Details of 57 cases of encroachment, detected by the Revenue Department and eviction made therein, has been given in this status report.
19 Vide instructions dated 12th November, 2024, placed on record by learned Advocate Additional General, received from the Divisional Forest Officer, Theog on the basis of communication dated 21st October, 2024 send by the Tehsildar, Kotkhai, it has been communicated that in all 57 cases warrant of ejectment has been executed and encroachers have been evicted and possession has been taken over by the officials of the Forest Department.
20 Separate status report dated 5th November, 2024 has been filed by Additional Chief Secretary (Forest) stating therein that encroachment made by Partap Chauhan, Dinesh Kumar, Sanjay Kumar, Narayan Singh and Jagdish Tazta have been removed by the Forest Department from R-13 Chambi Kupar during 2016 and as on date, land is in possession of the Forest Department with further information that in 57 cases of encroachment found in UPFs, order passed by the competent 20 2025:HHC:3013-DB Revenue Authority under H.P. Land Revenue Act, 1954 demarcation was being conducted and possession was being taken by the Forest Department and boundary marks were being fixed on the permanent structures on the spot by and in the presence of field staff of Forest Department.
CWPIL No. 17 of 2014 and CWPIL No. 9 of 2015 21 Believing the information placed on record in latest status report filed on affidavit of responsible Officers of State/Department, no further adjudication in these petitions with respect to encroachment of Forest land/Government land, referred in letters treated as Public Interest Litigation Petitions, is required except direction to all concerned Departments/Offices/Institutions to ensure compliance of directions given in earlier orders and herein-before today and being passed hereinafter to remove the encroachment in a time bound manner and to prevent re-
occurrence thereof and to stop fresh encroachment in future.
22 For the information and material came in the notice of this Court, before parting by disposing/closing these petitions, we are of considered opinion that certain observations and directions being recorded herein-after, are necessary for establishing 'Rule of Law' with respect to issue involved herein in these petitions.
23 It is apt to record that status report dated 27th December, 2024, filed on the affidavit of Additional Chief Secretary (Revenue) in 21 2025:HHC:3013-DB CWPIL No. 9 of 2015 in pursuance to order dated 1st October, 2024, depicts as under:-
"(i) Number of cases under Section 163 of H.P. Land Revenue Act, 1954 pending before the Assistant Collector Grade-I & II.
Total number of cases: 5789
(ii) Number of cases under Section 163 of H.P. Land Revenue Act, 1954 in which order of ejectment have been passed but warrant of ejectment are pending for execution. Total number of cases: 3746
(iii) Appeals under Section 14 of the H.P. Land Revenue Act, 1954 pending before the Sub-Divisional Collector. Total number of cases: 457
(iv) Cases under the H.P. Public Premises (Eviction and Rent Recovery) Act, 1971 pending before Sub-Divisional Collectors.
Total number of cases: 118
(v) Cases under the H.P. Public Premises (Eviction and Rent Recovery) Act 1971 before the Sub Divisional Collectors wherein final orders of eviction have been issued but warrant of ejectment is pending for execution.
Total number of cases: 42
(vi) Details of pending cases (revision petition under Section 17 and appeal under Section 14 of the H.P. Land Revenue Act, 1954) related to encroachment before the Settlement Officers:
Total number of cases: 95
(vii) Details of pending cases (revision petition under Section 17 and appeal under Section 14 of the H.P. Land Revenue 22 2025:HHC:3013-DB Act, 1954) related to encroachment before the Divisional Commissioners.
Total number of cases: 360
(viii) Total number of revision petition under Section 17 and appeal under Section 14 of the H.P. Land Revenue Act, 1954 related to encroachment pending before Financial Commissioner (Appeals).
Total number of cases: 177."
24 On considering the aforesaid information, vide order 30th December, 2024 directions were issued by this Court to ensure expeditious adjudication of the cases and execution of warrant of removal of encroachment by fixing a timeline for deciding the aforesaid cases, whereupon in sequel thereto, Additional Chief Secretary (Revenue) to the Government of Himachal Pradesh has issued directions dated 6th January, 2025 to all Divisional Commissioners, Settlement Officers, Deputy Commissioners of Himachal Pradesh as under:-
"Subject: CWPIL No. 17/2024 titled as Court on its own motion Vs. State of H.P. and others.
Sir/Madam, In pursuant to the orders of Hon'ble H.P. High Court dated 30.12.2024 passed in CWPIL No. 17/2024; following directions are issued for disposal of all cases which was reported to be pending:-
(1) All Assistant Collectors Grade-I and Grade-II shall ensure to complete final adjudication of all the cases of 23 2025:HHC:3013-DB encroachment pending before them under Section 163 of the H.P. Land Revenue Act, 1954, latest by 30th June, 2025.
(2) All concerned Assistant Collectors 1st and 2nd Grade shall ensure to execute all warrants of removal of encroachment in cases, in which orders shall already been passed, latest by 31st March, 2025.
(3) All Sub Divisional Collectors shall decide Appeals under Section 14 of the H.P. Land Revenue Act, 1954, pending before them in a time bound manner, latest by 30th May, 2025.
(4) Sub Divisional Collectors shall ensure that execution of warrants of eviction under the H.P. Public Premises (Eviction and Rent Recovery) Act, 1971 in which they have passed orders are completed by 31st March, 2025 in coordination with the concerned Department/agency to which premises belongs.
(5) Settlement Officers are also directed to ensure final adjudication/completion of all pending cases i.e. Revision Petitions under Section 17 and Appeals under Section 14 of the H.P. Land Revenue Act, 1954 on or before 30th May, 2025.
(6) Divisional Commissioners shall ensure final adjudication of Revision Petitions under Section 17 and Appeals under Section 14 of the H.P. Land Revenue Act, 1954 as well as Revision Petitions under H.P. Public Premises 24 2025:HHC:3013-DB (Eviction and Rent Recovery), Act, 1971 pending before them on or before 30th May, 2025.
Deputy Commissioners shall supervise and review the progress of disposal of cases in their respective Districts at regular inervals. They will submit a monthly progress report to the Government. Similarly, Divisional Commissioners shall review the implementations of these directives within their respective jurisdiction and submit compliance report well within the stipulated period. The copy of order of Hon'ble High Court passed in CWPIL No. 17.2024 is attached herewith and it is advised that concerned authorities should go through the directions contained in this order for strict compliance.
Yours sincerely, Sd/-
(Onkar Chand Sharma) Addl.Chief Secretary(Rev.) to the Government of Himachal Pradesh"
25 The aforesaid directions are dealing with reported/detected/complained encroachment cases which are being adjudicated by the concerned authorities. But there is no audit of unreported or undetected cases of encroachment upon the Government/forest land. It is also necessary to deprecate the mentality and habit of law breakers to make repeated attempts to encroach upon the Government/Forest land.
26 Vide Notifications No. 1-21/71-LS.G. dated 8.6.1994 and UD-
A(3)-8/2007-II, dated 25.4.2016 issued by the Government of H.P. through 25 2025:HHC:3013-DB Local Self Government Department/Department of Urban Development, the Governor of Himachal Pradesh has conferred powers upon the Divisional Forest Officers and Assistant Conservators of Forest of Forest Department of Himachal Pradesh to perform the functions of Collector within their respective jurisdiction of Forest Division under the H.P. Public Premises & Land (Eviction & Rent Recovery), Act 1971 (Act No. 22 of 1971) (in short PP Act) for removal of encroachment as well as unauthorized occupation of forest land by exercising the power conferred by Clause 'A' of Section 2 of PP Act.
27 The Officers of Forest Department by exercising the aforesaid powers are initiating, adjudicating and deciding the eviction proceedings for removal of encroachment as well as unauthorized occupation of the forest land.
28 In large number of cases, it has been noticed that they are lacking knowledge, skill and expertise with respect to contents, logic and legal acumen in issuing notification under Section 4 of the Act, conducting proceedings and writing daily orders in proceedings as well as final order of eviction under the Act. Such shortcoming is not only causing miscarriage of justice, but also loss to the public exchequer and of energy, time and resources of the State and Courts and also leading to continuation of unauthorized occupation/encroachment upon the forest/Government land 26 2025:HHC:3013-DB because of setting aside of such eviction orders by judicial Courts including the High Court and the Supreme Court.
29 It has been noticed that similar lapse and mistakes are also committed by Assistant Collector 1st Grade and 2nd Grade as well as Sub Divisional Officer (Civil)-cum-Sub Divisional Magistrate while exercising the powers under Section 163 of H.P. Land Revenue Act as well as under PP Act.
30 It has also been noticed that most of the Officers, posted and appointed Divisional Commissioners and authorized to hear Appeals/Revisions against the orders passed by the Collector under PP Act are also mostly lacking legal acumen in conducting proceeding and passing appropriate orders in Revision Petitions.
31 The lapse or mistakes on the part of aforesaid Officers acting as Collector or Divisional Commissioner is because of lack of training/orientation to improve skill, knowledge and expertise in manner of issuing summons/notices, conducting proceedings, maintaining judicial record of proceedings, passing/recording daily orders and skill for assigning reasons, judgments/orders.
32 The aforesaid fact is also apparent from the recent order dated 28.11.2024 passed by the Supreme Court in Civil Appeal No.13362 of 2024 titled Babu Ram vs. State of HP and another with other connected matters wherein the Supreme Court has observed as under:-
272025:HHC:3013-DB "9. The Collector-cum-Assistant Conservator of Forests, Rampur Bushahr Himachal Pradesh, upon consideration of the response of Babu Ram to the show cause notice, the evidence led by the parties and upon hearing them proceeded to pass an order dated 7th November, 2015. The concluding portion thereof recorded that for the "aforementioned reasons", the Collector was of the opinion that Babu Ram was in unauthorized occupation of forest land that he required to be evicted within thirty days from date of receipt of the order.
10. We have read the order dated 7th November, 2015 in between the lines to trace the reasons premised whereon Babu Ram was identified as an unauthorized occupant of forest land. The order, inter alia, records preparation of a challan put up by the Range Forest Officer, Nankhari before the Collector alleging that Babu Ram was in unauthorized occupation of forest land as the starting point based whereon notice under Section 4 of the 1971 Act was issued. The order then records the various dates on which the proceedings were conducted by the Collector in course whereof Babu Ram appeared with his witnesses and their statements were recorded. This was followed by recording that written arguments on behalf of the State has been fled and the case finally heard on 7th November, 2015. On that very date, as noticed above, the final order of eviction was passed for the "aforementioned reasons" and requiring Babu Ram's eviction. The order does not record anything more.
11. There is no reason, far less cogent and tenable reason, appearing on the face of the order of the Collector. Such order merely records the various stages through which the 28 2025:HHC:3013-DB proceedings passed and the Collector's ipse dixit that Babu Ram is an unauthorized occupant of forest land. The order of the Collector does not meet the standards of a speaking order that could be regarded as valid. The same does not record what the claims and counter claims are. Why the evidence adduced by one party was preferred to the evidence adduced by the other is conspicuous by is absence. In fact, there is no discussion of the eviction at all. Adverting to the materials on record showing application of mind was the minimum which was required of the Collector while he proceeded to adjudicate proceedings, though administrative in nature, but was obliged to act quasi-judicially. The order, without a doubt, is clearly in breach of principles of natural justice and principles of fairness in administrative action.
13. The order of the Divisional Commissioner being the Appellate Authority who was approached by Babu Ram while laying a challenge to the order dated 7th November, 2015 of the Collector, fares no better. The Divisional Commissioner in the penultimate paragraph of his order dated 08 th September, 2016 recorded that the Collector by a "speaking order" had directed eviction of unauthorized occupants. There can be no two opinions that the Divisional Commissioner too failed to apply his mind.
14. Having regard to what we have observed above, the order of the Collector falls totally short of a being a "speaking order" and this finding of the Commissioner is clearly indefensible.
15. We are a little surprise that these infirmities in the original order of eviction as well as the appellate order went 29 2025:HHC:3013-DB unnoticed by the High Court, which proceeded to dismiss the writ petition of Babu Ram. Reasonable and adequate opportunity of defence not having been extended, we have not the slightest hesitation to set aside the original order of eviction, the appellate order and the order of the High Court dismissing the writ petition. Ordered accordingly. .......
17. However, it cannot be gainsaid that a citizen has no right to encroach public land. If indeed any citizen has encroached public land and such encroachment is not otherwise entitled to be regularized under any law, a citizen has no right to sit on public land. In such a case, the minimum safeguard that is required of the State while ordering eviction of an alleged unauthorized occupant is to follow a fair procedure which would, inter alia, include a proper exercise conducted for demarcation of the land in the presence of the party who is likely to be affected if an order of eviction were passed, a proper show cause notice under section 4 of the 1971 Act indicating the ground(s) on which action is proposed, which must be served together with any document that the State desires to rely on during the course of the eviction proceedings, a just and proper consideration of the response of the noticee to the show cause notice, sufficient opportunity to lead evidence, and application of mind to all the materials on record leading to an order of eviction, if at all, it is required to be passed. If an appeal is preferred, it is needless to observe that the provisions of the 1971 Act governing disposal of such appeals also need to be adhered to strictly apart from natural justice principles.30
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18. In the light of the above, we direct and order that the respondent-State through its appropriate department, will undertake an appropriate exercise for demarcation of forest land upon written notice to Babu Ram. It would be desirable if such an exercise is completed as early as possible, preferably within two months from date. Similar such exercise shall be conducted in respect of the other appellants who are also alleged to be in occupation of forest land, unauthorizedly.
19. In the event of any of the appellants, despite being served written notice, abstaining from attending the proceedings, the exercise of demarcation shall proceed ex- parte against him. The report of demarcation shall be served on each of the alleged unauthorized occupants of forest land, if the respondent-State proposes to proceed against them under Section 4 of the 1971 Act.The notices shall be granted a fortnight's time to respond whereafter, the Collector shall take the proceedings to its logical conclusion in consonance with law as well as in the manner observed in this judgment within such further time as may be found necessary and reasonable by him.
20. If an order of eviction is passed, the same must be a speaking order. The unauthorized occupant(s) in such case shall be liberty to work out his/their remedy(s) in accordance with other provisions of the 1971 Act."
33 Therefore, we are of the considered opinion that all Divisional Forest Officers, Assistant Conservators of Forests, Divisional Commissioners or other Officers conferred with power under PP Act and/or 31 2025:HHC:3013-DB HPLR Act to conduct proceedings for removal of encroachment and unauthorized occupation of Government land are required to be trained and oriented for complete, proper and final adjudication of such matters in just, legal and fair manner.
34 Accordingly, Government through the Chief Secretary to the Government of Himachal Pradesh is directed to ensure at least 5 days training in the Himachal Pradehs Judicial Academy to each and all aforesaid Officers regarding maintenance of judicial record, manner of issuance of notice/summon and effecting service thereof, recording of daily orders in judicial/quasi judicial proceedings, manner of conducting such proceedings and also about necessary ingredients and skill of writing final orders. Such training be made compulsory to all such Officers who are holding or likely to hold such post, assigned duty under PP Act and/or HPLR Act.
35 In aforesaid backdrop, these petitions are disposed of with following directions:-
(i) The concerned Officers and Officials of all Departments/ Authorities, especially of the Revenue, Forest Department as well as National Highway Authority of India, shall ensure that there is no fresh encroachment on the Government/Forest land/Public Roads/Public Paths in future by any other person including ex-encroachers.32
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(ii) Forest Guard(s), Patwari(s) and Work Inspectors shall report all existing and/or any fresh encroachment upon Government/Forest land/Public Road/Public Path in their respective beat/area/ jurisdiction to the respective Deputy Ranger/Kanungo/Junior Engineer with endorsement of copy of such information to Divisional Forest Officer(s)/ Tehsildar(s)/Naib Tehsildar(s)/Assistant Engineer concerned immediately on receiving information or on detection of such encroachment without any delay and concerned Officer shall ensure immediate action thereon in accordance with law to remove encroachment, to protect the Government/Forest land/ Public Road from encroachment by taking preventive measures.
(iii) The Forest Guards, throughout the State, during first week of each month, shall furnish in writing the report through Deputy Rangers, to concerned Divisional Forest Officers, submitting the details of encroachment on the Government/ Forest land in his beat(s) with known probable date of such encroachment or a written certificate declaring that there is no unreported encroachment in his area.
(iv) Every Patwari posted in the field, during first week of each month, shall furnish in writing the report through Field Kanungo, to concerned Tehsildar(s)/Naib Tehsildar(s), submitting the details of encroachment on the Government/ Forest land in his Patwar Circle(s) with known probable date of such encroachment or a written certificate declaring that there is no unreported encroachment in his area.
(v) Every Work Inspector posted in the field, during first week of each month, shall furnish in writing the report through 33 2025:HHC:3013-DB Junior Engineer, to concerned Assistant Engineer, submitting the details of encroachment on the Public Roads/Public Path with known probable date of such encroachment or a written certificate declaring that there is no unreported encroachment in his area.
(vi) Deputy Ranger/Kanoongo/Assistant Engineer on receiving information from Forest Guard/ Patwari, or otherwise, shall immediately report the same to the concerned DFO/Tehsildar/Naib Tehsildar/Assistant Engineer and also take any possible action on their part necessary in the given facts and circumstances to prevent/remove the encroachments upon Government/Forest Land/Public Roads.
(vii) On receiving information regarding encroachment, if any, on Government/Forest land, concerned Divisional Forest Officer or Assistant Collector 1st Grade/Assistant Collector 2nd Grade/Assistant Engineer, as the case may be, shall ensure prompt action and initiation of proceedings for removal/eviction of such encroachment immediately but not later than one month of receipt of such information.
(viii) Divisional Forest Officer/Assistant Collector 1st Grade/Assistant Collector 2nd Grade/Assistant Engineer shall submit his half yearly report to his next superior Officer with respect to number of detected fresh cases of encroachment, action taken thereon, previous pending cases with status thereof during last three working days of month of June and December of every year.
(ix) It shall be personal responsibility of Office bearers of the Panchayat including Secretary(ies) to report of cases of encroachment within their jurisdiction, in writing to the 34 2025:HHC:3013-DB concerned Divisional Forest Officer/Assistant Collector 1st Grad/Assistant Collector 2nd Grade, as the case may be, with endorsement of copy of such information to concerned Deputy Commissioner(s).
(x) The respondent/State is also directed to make suitable changes in law by amending relevant Act/Rules appropriately to assign such duty upon office bearer of Panchayat including the Secretary as well consequences of violation of such duty.
(xi) The Deputy Commissioner shall monitor the action taken on the information of encroachment submitted by the Forest Guard/Patwari/officer bearer of the Panchayat/Work Inspectors by calling periodical quarterly reports during first week of January, April, July and October of every year related to previous quarters.
(xii) The H.P. State Electricity Board and Jal Shakti Vibhag shall ensure that no electricity and/or water connection is provided to illegal structure raised over Government land irrespective of nature of structure i.e. permanent, temporary or simple tin structure. In case electricity and water connections have been provided to such illegal structures, the Board and Department shall initiate appropriate action for disconnecting such connections by giving one month's notice to the encroachers by ensuring disconnection of such connection within one month after expiry of one month's notice.
(xiii) The concerned Department including the Revenue, Forest and Public Works Departments shall initiate recovery proceedings for undue profit earned by encroachers by not only cutting down the trees but also utilizing the land by sowing crops and raising orchards. This exercise shall be 35 2025:HHC:3013-DB undertaken in all cases of encroachment where encroachments have already been removed or are being removed or will be removed in future.
(a) To assess the amount to be recovered in lieu of forest trees illicitly felled or removed from the land shall be computed/worked out on the basis of 5 years average yield/market value of such trees.
(b)The benefit earned by utilizing the land shall also be calculated on the basis of period of encroachment/ possession claimed by encroachers or ex-encroacher;
(c) Where no such period is claimed by encroacher, the period for calculating the recovery of amount shall be decided by determining the age of fruit growing trees standing on the encroached land or estimated age of construction raised upon the encroached land or any other relevant evidence available to determining the period of encroachment upon the Government land as the case may be.
(d) In cases where period of encroachment is not possible to be calculated on the basis of aforesaid factors, the amount to be recovered may be calculated by determining the period of encroachment from the date of detection thereof but with reasons for not calculating the amount on basis of aforesaid paras (a), (b) and (c).
(xiv) In all aforesaid cases where amount is recoverable from encroachers or ex-encroachers and demand shall be raised by concerned Department/Authority within two months from today if not already raised and in case such amount is not paid within reasonable period, to be determined on the basis 36 2025:HHC:3013-DB of quantum of amount to be recovered, but not more than 6 months from the date of demand, the same shall be recovered as arrears of land revenue under the H.P. Land Revenue Act, 1954. Demand in pending cases may be raised within two months after finalization of proceedings.
(xv) The amount so recovered/collected from the encroachers shall be utilized for afforestation in the land evicted by encroacher or any ancillary purpose as may be deemed fit and proper by the Department with expressed permission of the concerned Deputy Commissioner. (xvi) Cost of removal or eviction shall be recovered from encroachers. Where encroachers did not remove the illegal structure raised on encroached land, the same shall be removed, if not required by concerned Department for any beneficial use in the larger interest of public, the same shall be removed by the Department and cost thereof shall also be recoverable from encroachers.
(xvii) In all cases where encroachment has been removed or is to be removed, the evicted land shall be fenced with barbed wire at the cost of encroacher by fixing permanent boundary marks with angle arms using the concrete.
(xviii) Where fruit growing trees are there on evicted Government land, the concerned Department including he Revenue and Forest Departments shall sale out the proceeds of fruits by way of auction if practically viable to do so, otherwise the fruits of such orchards may be left for consumption of wild animals.
(xix) In case of sale of fruits, the amount shall be utilized for afforestation or any other ancillary purpose. Such action shall 37 2025:HHC:3013-DB be conducted under the supervision of concerned Deputy Commissioner who shall be responsible to monitor the entire exercise in just and lawful manner.
(xx) Videography of all proceedings or demarcation, identification of Government land, eviction of encroachers therefrom and auction of fruit''s sale, if any, shall be preserved in the offices of concerned Divisional Forest Officer(s) and Deputy Commissioner(s).
(xxi) No encroacher after finalization of eviction proceedings shall be allowed to enter in the encroached land save and except permitted by the competent Court of law. (xxii) In addition to the proceedings for removal of encroachment as already observed in various directions passed by the Court in numerous cases including the present petitions, the criminal cases/ FIR shall also be lodged for trespass and other offences pending under the applicable panle of laws. However, it is made clear that lodging of FIR shall not amount of dispensing the authorities from initiating the separate process for removal of encroachment. (xxiii) In future, the Government shall also ensure imparting training to all concerned Officers before the appointment to the post assigned with duty to perform the function of Collector under H.P. Public Premises Act and under Section 163 of H.P. Land Revenue Act. The training to the concerned Officers likely to be promoted/appointed to the post assigned with duty of Collector/Assistant Collector under PP Act and Section 163 of H.P. Land Revenue Act shall be ensured in advance before their such promotion/appointment. In case of appointment by way of direct recruitment to such post, before 38 2025:HHC:3013-DB the posting, the aforesaid training to such officer shall be made compulsory/mandatory.
(xxiv) The respondents and all concerned Officers/authorities are also directed to ensure removal of all encroachments from the Government land as expeditiously as possible by concluding the proceedings in a time bound manner keeping in view the timeline notified by ACS (Revenue) vide communication/instructions dated 6th January, 2025 referred in para 24. It shall be personal responsibility of all concerned Divisional Forest Officer(s)/Tehsildar(s) and Appellate and Revisional Authorities to ensure compliance of aforesaid directions.
(xxv) It shall be the responsibility of the concerned Superintendent of Police to ensure safety and security of the Officers/staff engaged for detecting/ removing encroachments in/from Government/Forest Land, and also to render adequate necessary prompt assistance to them in performing their job. Failing in compliance, the concerned Officer/official of the Police shall also be liable for Departmental Proceedings, in addition to other proceedings/consequences.
(xxvi) In absence of plausible explanation for any delay in reporting and/or taking action shall invite civil, criminal and departmental action as required in given facts and circumstances.
(xxvii) Concerned Competent Authority, for giving effect to the aforesaid directions by incorporating the same in duty and also to provide action/ consequences of dereliction of such duty, including civil/criminal/ Departmental Proceedings, shall amend the relevant law 39 2025:HHC:3013-DB including Acts/Rules/Service Rules suitably. Till such amendments, directions passed in this regard in these petitions, shall hold the field as law for implementing the directions and also for consequences on dereliction of duty for not complying/adhering to the directions.
36 Aforesaid directions are in supersession of earlier directions.
37. It is made clear that if the affidavit placed on record along with documents thereto in these petitions or information/certificates submitted by officials/officers in furtherance to compliance of directions passed by the Court is found to be false, then appropriate action in law shall be initiated against the erring official/officers.
38 Concerned officials/officers 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.
Encroachers shall not be allowed to regain their unauthorized occupation/possession on any portion of Government/Forest land. 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 40 2025:HHC:3013-DB Government/Forest land. Departmental proceedings, in such a case, shall be initiated for removal/dismissal from service.
39 The Chief Secretary is directed to ensure appropriate decision/instructions for imparting training in terms of observations and instructions passed herein-above in paras 33, 34 and 35(xxii) on or before 28th February, 2025.
40 The Chief Secretary as well as Secretaries of all other Departments including Home/Revenue/Forest/ Panchayati Raj/Jal Shakti Vibhag/Public Works, Director General of Police, National Highway Authority of India and Executive Director of Electricity Board are directed to issue necessary directions, on or before 28.2.2025, for implementation/ compliance of aforesaid directions.
41 Compliance report in this regard on respective affidavit of the Chief Secretary, Secretaries, Director General of Police and Executive Director of Electricity Board, National Highway Authority of India be filed on or before 15th March, 2025, and matter be listed for consideration of compliance on 26th March, 2025.
42 For ensuring compliance of directions passed in present petitions in this judgment, any person may approach this Court including by filing appropriate fresh petition in accordance with law.
43 Learned Advocate General is directed to transmit copy of this order to the Chief Secretary to the Government of Himachal Pradesh and 41 2025:HHC:3013-DB all other Secretaries and Officers as well as National Highway Authority of India, and learned counsel for the Electricity Board is also directed to transmit a copy of this judgment to the Board, for immediate compliance.
Petitions stand disposed of, along with pending application(s) in aforesaid terms.
(Vivek Singh Thakur), Judge.
(Bipin C. Negi), Judge.
8th January, 2025 (ms)