High Court constitutes SIT in forest encroachment cases

Legal Correspondent

Shimla, April 26

Taking a serious note of forest encroachments, the HP High Court has constituted a three-member Special Investigation Team (SIT) to evict those who had encroached more than 100 bighas.

The SIT will comprise Debasweta Banik, Additional Deputy Commissioner, Shimla; Soumya Sambasivan, Principal, Police Training College, Daroh; and Alok Nagar, Chief Conservator of Forests. CB Tashildar, DFO, Rohru, will be its coordinator.

While constituting the SIT, the court expressed its displeasure on the working of the officials of the state by observing that “this court from time to time has been adversely commenting on the functioning of the officials of the state and even now when the state authorities have chosen not to evict even one of the encroachers, this only reflects a half-hearted attempt, lack of courage of conviction, requisite departmental desire or determination or will of these officials to implement the order(s) of this court”.

“Therefore, in the given circumstances, we are left with no other option, but to constitute a SIT to carry out eviction of 13 persons who have encroached more than 100 bighas,” the court further said.

The court further clarified in its order that “the interim protection permitting the retention of encroached land to the maximum limit of 5 bighas has been provided by this court in accordance with Rule 5 of the proposed Himachal Pradesh Conferment of Proprietary Rights (in certain cases for small and marginal farmers) on the Government Land Rules 2017. However, it once again needs to be clarified and reiterated that this court has not upheld the legality and validity of the proposed policy as formulated by the state government”

It further clarified that, therefore, all the orders as have been passed by this court from time to time qua retention to the extent of 5 bighas of encroached land are still subject to the orders that may be eventually passed by this court in these cases.

The court also clarified in its order that the constitution of the SIT is for the time being limited only to 13 cases and, therefore, in cases of other encroachments, the officers concerned will continue to evict encroachers as per the directions already passed by the court from time to time and report compliance on the next date of hearing.

The court further directed the Chief Secretary to pass necessary directions to the forest, police and revenue officers in this regard for ensuring compliance of this order and listed the matter for further hearing on May 9.