Ensure eviction from govt/forest land: High Court to Himachal Chief Secretary

The HP High Court has directed the Chief Secretary to issue necessary instructions to all concerned Departments including Revenue and Forest to revive, restart eviction proceedings/execution proceedings against all the encroachers who have encroached the government/forest land.

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While passing this direction a division bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi further directed the Chief Secretary to ensure eviction of such encroachers on or before July 15.

It further directed the state authorities to submit the status report in this regard on or before July 21.

During the course of hearing it has been informed that the state, at present, does not intend to frame any regularisation policy, including the policy on the basis of Draft Scheme notified in the year 2017 and, thus, there is no proposal pending for formulating any policy for regularisation of the encroached government land up to five bighas.

While dismissing the petitions filed by some persons claiming retaining five bighas of encroached land on the basis of the scheme, the court observed that the “claim of the claimant on the basis of non-existent scheme is not sustainable being misconceived, illegal and devoid of any enforceable right.”

The court clarified in its order that “It is made clear that for taking action against all similarly situated persons for evicting them from the government land, there is no need to the state to approach this court for obtaining fresh order of eviction or vacation.”