Himachal Pradesh High Court
Court On Its Own Motion vs . State Of H.P. & Others. on 30 December, 2024
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Court on its own motion Vs. State of H.P. & others.
CWPIL No. 17 of 2014 30.12.2024 Present: Mr.J.L. Bhardwaj, Senior Advocate with Ms.Dhanwanti, Advocate, as Amicus Curiae. Mr.Varun Chandel, Additional Advocate General, for the respondents.
Latest status report dated 27.12.2024 on affidavit of Additional Chief Secretary (Revenue) in pursuance to order dated 1.10.2024 is on record, whereby details of cases pending adjudication under Section 163 of H.P. Land Revenue Act, 1954 (for short 'Act, 1954') and the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971 (for short the 'Act 1971') including Appeals, Revisions etc. for eviction of encroachment before concerned Assistant Collectors 1st and 2nd Grade/Collector, Appellate and Revisional Authority have been given 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 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
2. From the aforesaid information it is apparent that 3746 and 42 cases are pending respectively under Acts 1954 and 1971 before Assistant Collectors 1st and 2nd Grade/Collectors wherein warrant of ejectment is to be implemented/executed. Implementation/ejectment is last stage of the action taken by the State/Authority.
3. All concerned Assistant Collectors 1st and 2nd Grade are directed to ensure expeditious execution of warrants of removal of encroachment in all these cases, latest by 31st March, 2025.
4. All Assistant Collectors Grade-I and Grade-II are directed to ensure complete final adjudication of 5789 cases pending before them under Section 163 of the H.P. Land Revenue Act, 1954, latest by 30th June, 2025.
5. All concerned Sub Divisional Collectors are directed to 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.
6. Sub Divisional Collectors are directed to ensure execution of warrants of eviction under the H.P. Public Premises (Eviction and Rent Recovery) Act, 1971 latest by 31st March, 2025.
7. All Sub Divisional Collectors are also directed to decide eviction cases under the H.P. Public Premises (Eviction and Rent Recovery) Act, 1971 in a time bound manner, latest by 30th June, 2025.
8. 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.
9. Divisional Commissioners are also be directed to 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 (Eviction and Rent Recovery) Act, 1971 pending before them on or before 30th May, 2025.
10. Financial Commissioner (Appeals) is directed to decide Revision Petitions under Section 17 and Appeals under Section 14 of the H.P. Land Revenue Act on or before 31st July, 2025.
11. The Additional Chief Secretary (Revenue) is directed to issue necessary directions/instructions in aforesaid terms on or before 7th January, 2025. The same be placed on record on next date.
12. Affidavit on behalf of Divisional Forest Officer, Rohru, stated to have been filed, placing on record fresh status report, is not on record. Be taken on record, after removal of objections, if any, by next date.
Matter be listed for consideration on 8th January, 2025.
(Vivek Singh Thakur), Judge.
(Bipin C. Negi), Judge.
30th December, 2024.
(Keshav)