HC to PWD: Remove encroachments along highways in 4 weeks

Shimla, November 7

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Expressing serious concern over encroachments alongside the highways, the HP High Court has directed the Public Works Department (PWD) to remove these within four weeks.

A Division Bench, comprising Justice Tarlok Singh Chauhan and Justice Virender Singh, passed the order after perusing the affidavit filed by the Engineer-in- Chief, HPPWD. According to the affidavit, there are 472 cases of encroachments on the highways in the state — 134 in Shimla zone, 240 in Mandi zone and 98 in Hamirpur zone.

The HC also directed the DCs and Superintendent(s) of Police of the district(s) concerned to render all necessary help, including adequate police assistance at the time of removing these encroachments. The affidavit filed by the HPPWD revealed that the department has already directed the encroachers to remove the encroachments. But they could not be evicted for want of demarcation by the revenue agency.

After perusing the same the court observed, “We really wonder why the department is waiting for the demarcation to be conducted when admittedly as per its own case, the encroachments have been made on the acquired width of the roads.”

It observed, “It is more than settled that all lands, which are not the property of any person or which are not vested in a local authority, belong to the government. All unoccupied lands are the property of the government, unless any person can establish his right or title to any such land. This presumption available to the government is not available to any person or individual.”

On the previous date of hearing, the court had directed the Engineer-In-Chief to file the list of all such cases where the orders of evictions have attained finality and yet the encroachers are still squatting on the government land and in compliance to this order the officer has filed an affidavit mentioning details therein of encroachments.

Besides, the court had directed him to take up the matter with the state government for developing the wayside amenities/toilets on the highways.