Court dismisses suit over encroached land in Mandi

The Senior Civil Judge’s Court of Aslam Beg has dismissed a long-pending civil suit involving the alleged illegal occupation of government land in Mandi district and issued strong directions to the Himachal Pradesh Government to reclaim the property and, if legally permissible, allot it to families rendered homeless by recent natural disasters.

The court noted that although the disputed land — Khasra No. 801 in Chadyara Revenue Muhal, measuring 0-4-8 bighas — is recorded in the name of the state, it has been under illegal possession since the 1961-62 settlement. Initially occupied by Ajit Singh, the land later passed into the hands of the defendants, who built a room, veranda and kitchen on it.

In 1996, the defendants allegedly sold their illegal possessory rights to the plaintiffs for Rs 60,000 through two agreements, after which the plaintiffs claimed to have taken possession. The defendants subsequently challenged these agreements, seeking their cancellation and approaching the Sub-Divisional Magistrate under Sections 145, 107 and 150 of the CrPC. They ultimately regained possession through SDM orders.

A civil court had earlier decreed in favor of the defendants, prompting the plaintiffs to file an appeal.

The first appellate court set aside that decree and ordered that the state be impleaded as a party. The defendants contested the decision before the High Court, which upheld the appellate court’s view and remanded the matter to the trial court. The defendants later withdrew their case.

The plaintiffs then sought restoration of possession. However, the court held that possession couldn’t be claimed on the basis of mere agreements to sell, noting that the proper remedy would have been a suit for specific performance. It also observed that the plaintiffs never challenged the SDM’s order returning possession to the defendants, making that order final and binding. The civil suit was, therefore, declared non-maintainable and dismissed.

Citing the devastation caused by recent cloudbursts and flash floods in Mandi, the court directed the DC to immediately remove encroachments and, if permitted under law, utilise the government land for rehabilitating disaster-affected families. The court underscored that public interest must take precedence over private illegal occupation, particularly in times of humanitarian crisis.