Govt to drop eviction proceedings against Tibetan refugees

Pratibha Chauhan

Tribune News Service

Shimla, April 1

The state government has decided to drop eviction proceedings against 215 Tibetan refugees who had encroached upon a government land in view of the commitment of the Government of India and its international ramifications.

In reply to a query by Govind Singh Thakur in the Assembly today, the government has informed that the decision has been taken to drop these proceedings against 210 Tibetan refugees at McLeodganj in Dharamsala and five at Rewalsar in Mandi district.

It has been stated that the state does not wish to conclude the eviction proceedings initiated by the divisional forest officer as their culmination may create law and order problem and the issue could have serious international ramifications.

Representatives of the Tibetan government-in-exile had time and again requested the state government not to unsettle and evict the Tibetan refugees and allow them to occupy the land.

The Forest Department has also pointed out that since some of these structures are multi-storeyed, there will be a big problem of disposal of muck and debris. It was in February, 2014, that the Ministry of Home Affairs had advised the state government to keep the eviction proceedings in abeyance and wait for further orders considering sensitivity of the issue.

The National Green Tribunal in its order on January 9, 2015, ordered the state government to formulate a Tibetan Rehabilitation Policy.

It was in 2012 that a case had been filed in the High Court against large-scale encroachments by Tibetan refugees in Kangra, Kullu and Mandi districts. Following this, the Forest Department initiated eviction proceedings against defaulters.

The National Green Tribunal on November 21, 2013, had directed the state government to frame a common policy for removal of encroachments and disposal of muck in consultation with the Archaeological Survey of India (ASI).

While admitting that the land in question is a forest land and was under an unauthorised occupation of Tibetan refugees, the government also pointed out that they occupied it prior to the enactment of the Forest Conservation Act. It has been pointed out that at that time the state government was empowered to allow occupation of the government land to Tibetan refugees as per policy for their rehabilitation.

As per the new Tibetan Rehabilitation Policy framed on February 23, 2015, the land occupied by them will not be disturbed and in case of a court order by which they need to be dispossessed, they would be relocated. The government will, however, differentiate between bona fide settlers and those who are deliberate encroachers. The policy also makes it very clear that the Tibetan refugees will continue to get benefits of various development schemes, both by the Government of India as well as the state government.

House passes two Bills

Shimla: The Assembly today passed the Himachal Pradesh Value Added Tax (Amendment) Bill, 2015, and the Himachal Pradesh Subordinate Courts' Employees (Pay, Allowances and other Conditions of Services) Amendment Bill, 2015. The passing of the Himachal Pradesh Subordinate Courts' Employees (Pay, Allowances and Other Conditions of Services) Amendment Bill, 2015, will put a financial burden of Rs 9.43 crore due to grant of additional increment to the categories of employees to whom the Shetty Commission has not recommended higher pay scale. The Non-Gazetted Judicial Employees Welfare Association had filed a writ in the High Court seeking relief that the recommendations of the First National Judicial Pay Commission-Shetty Pay Commission be implemented. The passing of the Himachal Pradesh Value Added Tax (Amendment) Bill, 2015, will exempt small establishments - such as hotels, restaurants, bakery or other similar establishments in which food preparations including tea is served and their gross turnover during the year is up to Rs 5 lakh - from registration and payment of tax. It was felt that this limit of Rs 5 lakh was too low and, therefore, it had been increased to Rs 8 lakh. — TNS