Himachal Pradesh High Court
Date Of Decision: August vs State Of H.P. & Others on 1 August, 2024
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.3190 of 2016
Date of Decision: August 1, 2024
.
Devi Singh ...Petitioner.
Versus
State of H.P. & 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 Petitioners: Mr.Jia Lal, Advocate, vice Mr.G.R. Palsra,
Advocate.
For the Respondents: Mr.Anup Rattan, Advocate General,
alongwith Mr.Baldev Singh Negi,
Additional Advocate General.
Vivek Singh Thakur, J (Oral)
Petitioner, in the present case, has assailed order dated 30.07.2016, passed by the Divisional Commissioner, Mandi Division, Mandi, H.P., in case No.209 of 2007, titled as Devi Singh vs. State of Himachal Pradesh, whereby his eviction from the forest land in Maharaja-III (UPF) measuring 0-3-0 bighas, Village Shishamati, Phati Dhalpur Kothi Mharaja, Tehsil and District Kullu, H.P., as directed vide order dated 17.08.2007, passed by Collector Forest Division, Kullu, H.P., in Case No.80/2001-02, titled as State of H.P. vs. Devi Singh, in unauthorized occupation of petitioner, has been affirmed.
2. Learned counsel for the petitioner has submitted that in present case no proper demarcation to identify the land of Forest Department has been conducted. No other plea has been raised. 1
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3. 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.
4. As observed by this Court in its order dated 17.07.2024, passed in CWP No.1028 of 2002 and connected petitions including present petition, adjudication of CWP No.1028/2002 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 for 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, clarify that breaking up or clearing of any forest land of portion thereof for the cultivation of tea, coffee, spices, rubber, palms, oil bearing plants, horticulture crops or medicinal plants and even any purpose other than reafforestation, shall amount to using such land for non-forest purpose.
5. Taking into consideration the material on record, going through the impugned order and also the statements made by the petitioners before the concerned authority, we do not find any merit in the present petition and, accordingly, the same is dismissed.
6. Consequently, concerned Revenue officers, including Tehsildar concerned, and Forest Authorities, including DFO ::: Downloaded on - 05/08/2024 20:30:14 :::CIS 3 ( 2024:HHC:6307-DB ) concerned, are directed to identify the government/forest land encroached by the petitioners properly and take possession of the encroached government/forest land by fixing permanent boundary .
marks of the Government Land on or before 16.09.2024 and compliance affidavit with respect to taking of possession on the spot, be filed by the concerned Divisional Forest Officer on or before 30.09.2024.
7. The concerned authorities are also directed to remove other encroachment(s) from the Government/Forest land detected/ found on the spot during demarcation/identification on 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.
8. Improvements/structures, if any, made on the encroached land shall vest in the State of Himachal Pradesh/ Department and shall be utilized by the State/Department for its use. In case petitioners/encroachers intend to take away the fixtures/ building material/debris for their own use, they may opt for that in writing, but in that eventuality they shall take away the material of the structure before 15.11.2024 at their own cost.
9. 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 shall ensue.
10. Entire aforesaid proceedings shall be videographed and copy of videography be placed on record with compliance affidavit. ::: Downloaded on - 05/08/2024 20:30:14 :::CIS
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11. 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.
.
Petition is disposed of in aforesaid terms along with pending application(s), if any.
List for compliance on 30.09.2024.
(Vivek Singh Thakur), Judge.
(Bipin Chander Negi), Judge.
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