Ensure govt, forestland not encroached upon: HC
The High Court of Himachal Pradesh has directed the Revenue and Forest departments to ensure that there is no encroachment on government or forestland in future. A Division Bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi passed the order after perusing the compliance affidavit filed by the Divisional Forest Officer, Kullu Forest Division, Kullu, informing the compliance of directions passed by the court, whereby it had directed him to remove the encroachments from forestland.
While taking on record, the court clarified in its order last week that “if the affidavit placed on record along with documents thereto is found to be false, then appropriate action in law would be initiated against the erring official.”
The court further directed that the field official or officer would ensure steps to protect the government or forestland from any type of encroachment. It directed that on detecting encroachment on government land, the field staff would report it to the higher authority, who, in turn, would ensure immediate action for removal of the encroachment.
The court cautioned the officials that in case of dereliction of duty, field staff or higher authority, as the case may be, would be liable to face, apart from contempt proceedings, the criminal as well as departmental proceedings after immediate suspension on finding unreported or overlooked encroachment, re-encroachment on the government, forestland. Departmental proceedings, in such a case, shall be initiated for removal or dismissal from service.
The court directed the Chief Secretary to circulate appropriate instructions/ directions in this regard.
Suspension, contempt proceedings
The High Court cautioned officials that in case of dereliction of duty, field staff or the higher authority, as the case may be, would be liable to face, apart from contempt proceedings, criminal as well as departmental proceedings after immediate suspension on finding unreported or overlooked encroachment, re-encroachment on government or forestland
