Himachal Pradesh High Court
Man Dass vs State Of Himachal Pradesh And Another on 1 August, 2024
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
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Neutral Citation No. ( 2024:HHC:6306-DB )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2779 of 2016
Date of Decision: 01.08.2024
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Man Dass ...... Petitioner
Versus
State of Himachal Pradesh and Another ......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 Petitioner : Mr. Sanjeev Bhushan, Senior Advocate
with Mr. Sohail Khan, Advocate.
For the Respondents : Mr. Anup Rattan, Advocate General with
Mr. Baldev Negi, Additional Advocate General.
Vivek Singh Thakur, Judge (oral)
Petitioner, in present case, has assailed order dated 24.02.2016, passed by the Divisional Commissioner, in case No. 182 of 2011, titled as Man Dass Vs. State of Himachal Pradesh, whereby his eviction from the forest land, comprising in Baragarh III measuring 01.3578 hectares, Tehsil Manali, District Kullu, as directed vide order dated 30.03.2011, passed by Collector-cum-Divisional Forest Officer, Encroachment, District Kullu, H.P., in case No. 47/2004-05, has been affirmed.
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Neutral Citation No. ( 2024:HHC:6306-DB )
2. Land in reference has been identified and demarcated by the respondents as Forest Land, pertaining to Baragarh III measuring .
01.3578 hectares, Tehsil Manali, District Kullu. Though a ground has been taken in the petition that land in reference is not a forest land, but nothing has been placed on record to substantiate the said claim.
3. At this stage, learned arguing counsel for the petitioner, under instructions, submits that in view of subsequent events, petition has become infructuous and, therefore, the petitioner intents to withdraw the same.
4. As observed by this Court in its order dated 17.7.2024, passed in CWP No. 1028 of 2002 and connected petitions including present petition, adjudication of CWP No. 1028 of 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 of 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, clarifying that breaking up or clearing of any forest land or portion thereof for the cultivation of tea, coffee, spices, rubber, palms, oil bearing plants, ::: Downloaded on - 05/08/2024 20:30:11 :::CIS 3 Neutral Citation No. ( 2024:HHC:6306-DB ) horticulture crops or medical plants and even any purpose other than reafforestation, shall amount to using such land for non-forest purpose.
5. After going through the record, impugned order and .
averments made in the petition and also considering the submissions made by learned counsel for the petitioner, we do not find any merit in the petition and accordingly the same is dismissed as withdrawn as prayed.
6. Consequentially, concerned Revenue Officers, including Tehsildar concerned and Forest Authorities, including DFO concerned, are directed to identify the Government/forest land encroached by the petitioner properly and take possession of the encroached Government/forest land by fixing permanent boundary marks of the Government land on or before 16th September, 2024 and compliance affidavit with respect to taking of possession on the spot, be filed by the concerned Divisional Forest Officer on or before 30th September, 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 of 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 petitioner/encroacher intends to take away the fixtures/building material/debris for his own use, ::: Downloaded on - 05/08/2024 20:30:11 :::CIS 4 Neutral Citation No. ( 2024:HHC:6306-DB ) he may opt for that in writing, but in that eventuality he shall take away the material of the structure before 15th November, 2024 at his 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 video graphed and copy of videography be placed on record with affidavit.
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.
12. The petition is dismissed as withdrawn, in aforesaid terms, so also pending miscellaneous application(s), if any.
List for compliance on 30.09.2024.
( Vivek Singh Thakur)
Judge
( Bipin Chander Negi)
August 1st, 2024 Judge
(Shamsh Tabrez)
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