Submit list of encroachments on govt land, HC orders PWD

Legal Correspondent

Shimla, October 21

Taking a tough stand on encroachments alongside highways, the HP High Court has directed the Engineer-in-Chief, Public Works Department, to submit within a week a list of all such cases where eviction orders have attained finality but encroachers are still squatting on government land.

A Division Bench comprising Justice Tarlok Singh Chauhan and Justice Virender Singh passed the order after having a detailed discussion with Engineer-in-Chief Ajay Gupta.

He informed the court that in more than 800 cases, eviction orders had been passed, but encroachers were still not removed, as the revenue agencies were not cooperating. During the course of hearing, Gupta pointed out another difficulty that cases pending with the revenue authorities were not making much progress because these were not taken up promptly. On this, the court directed Gupta to also furnish the details of such cases within a week.

The court observed, “We have absolutely no doubt in our minds that if eviction orders have attained finality, encroachers cannot squat on land belonging to the government even for a second.”

The court expressed concern over the issue of the lack of basic facilities on roadsides of highways and stated, “Having examined the matter thoroughly, we are of the considered view that instead of repeatedly passing directions regarding encroachments on highways, the highways authorities themselves can plan to construct roadside eateries and provide all other amenities. After all, a majority of encroachments are made for the purpose of establishing stalls/shops, dhabas etc. These roadside eateries can be leased/rented. Besides shops and other commercial establishments, a provision of toilets etc. can also be made.”

The court observed, “We expect the government to be sensitive on the issue. After all, the state lacks or rather does not have any basic roadside amenities, more particularly, a provision of toilets on any highway.” It listed the matter for further hearing on November 3.