Ensure there is no encroachment on govt/forest land: HC to state

The High Court has directed the officers of the Revenue, Forest Department as well as National Highways Authority to ensure there is no fresh encroachment on the government/forest land/public roads/public paths by any person, including ex-encroachers.

Advertisement

It further ordered that Forest Guard(s), Patwari(s) and Work Inspectors would report all existing and/or any fresh encroachment on government/forest land/public road/public path in their respective beat/area/ jurisdiction to the respective Deputy Ranger/Kanungo/Junior Engineer. On receiving information or on detection of such encroachment concerned officer would ensure immediate action thereon in accordance with law to remove encroachment, to protect the government/forest land/public road from encroachment by taking preventive measures.

While passing these directions a division bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi cautioned the officials that in case of dereliction of duty, field staff/concerned 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/overlooked encroachment/re-encroachment on the Government/Forest land. Departmental proceedings, in such a case, shall be initiated for removal/dismissal from service.

The court further directed the Chief Secretary to ensure that at least five days of training is provided in the HP Judicial Academy to all officers regarding maintenance of judicial record, manner of issuance of notice/summon and effecting service thereof, recording of daily orders in judicial/quasi-judicial proceedings, manner of conducting such proceedings and also about necessary ingredients and skill of writing final orders.

It further made it clear that such training be made compulsory to all such officers who are holding or likely to hold such post, assigned duty under Public Premises Act and Himachal Pradesh Land Revenue Act.

While passing this direction, the court observed, “We are of the considered opinion that all Divisional Forest Officers, Assistant Conservators of Forests, Divisional Commissioners or other officers be conferred with power under Public Premises Act and Himachal Pradesh Land Revenue Act to conduct proceedings for removal of encroachment and unauthorized occupation of government land in just, legal and fair manner.”

The court also directed the Chief Secretary, Secretaries, Director General of Police and Executive Director of Electricity Board, National Highways Authority of India to file their respective compliance report on or before March 15, 2025 and listed the matter for compliance on March 26.

The court passed these directions recently while disposing of Public Interest Litigation highlighting the issue of encroachment on government/forest land.