Saran Dass Vs Divisional Commissioner — Himachal Pradesh HC (2024) — LawSathi Research

Saran Dass Vs Divisional Commissioner — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Matter closed upon acceptance of compliance affidavits, documents and videography as true and genuine; standing directions issued to Revenue and Forest Department officers to prevent fresh encroachment on Government/Forest land; petitioner(s) barred from regaining unauthorized occupation/possession; dereliction of duty by field staff/higher authority to attract contempt, criminal and departmental proceedings (removal/dismissal) after immediate suspension; Chief Secretary to circulate instructions; Additional Advocate General to transmit order copy to Chief Secretary.

Issue for consideration

Whether the respondents/State have complied with the directions passed by the Court in the judgment dated 13.11.2024 in this matter, permitting closure of the writ petition.

Court's answer

Treating the information placed on record on affidavit and documents appended therewith (along with videography) to be true and genuine, the Court closed the present matter.

Ratio / Principle

Concerned Officers and Officials of the Revenue and Forest Department are directed to ensure that there is no fresh encroachment on the Government/Forest land in future by petitioner(s) or any other person.

Key takeaways

If the affidavit placed on record along with the documents thereto is found to be false, appropriate action in law shall be initiated against the erring official.ratio¶¶8
The petitioner(s) shall not be allowed to regain their unauthorized occupation/possession on any portion of Government/Forest land.ratio¶¶8
Concerned field officials/officers shall protect the Government/Forest land from any type of encroachment; on detecting encroachment, field staff shall report it to the next Higher Authority/Officer, who shall ensure immediate action for removal of such encroachment.

Detailed headnote1 paragraphs

Compliance affidavit(s) were filed by the Divisional Forest Officer, Joginder Nagar Forest Division, Joginder Nagar, H.P., in terms of the judgment dated 13.11.2024 passed in CWP No.116 of 2018, supported by documents and videography on pen-drive/CD. Treating the information so placed on record to be true and genuine, the Court closed the matter with standing directions: (i) Officers/Officials of the Revenue and Forest Departments to ensure no fresh encroachment on Government/Forest land by the petitioner(s) or others; (ii) the petitioner(s) not to be allowed to regain unauthorized occupation/possession; (iii) field staff to protect Government/Forest land and report detected encroachment to the next Higher Authority/Officer for immediate removal; (iv) dereliction of duty to attract, besides contempt proceedings, criminal and departmental proceedings after immediate suspension, with departmental proceedings to be for removal/dismissal from service; (v) false affidavits to attract legal action against erring officials; (vi) Chief Secretary to the Government of Himachal Pradesh to circulate appropriate instructions/directions; and (vii) the Learned Additional Advocate General to transmit a copy of the order to the Chief Secretary.

Saran Dass (deceased) through LRs vs. Divisional Commissioner & another

CWP No.116 of 2018

08.05.2025

Present: Mr.Shekhar Badola, Advocate, vice Mr.Vinod Thakur, Advocate, for the petitioner.

Mr.Vishav Deep Sharma, Additional Advocate General, for the respondent-State.

Compliance affidavit(s), in terms of judgment dated 13.11.2024 passed in this matter, have been filed by the Divisional Forest Officer, Joginder Nagar Forest Division, Joginder Nagar, H.P., informing the compliance of directions passed by the Court in aforesaid judgment.

Documents to substantiate the averments made in affidavit along with Videography on the Pen-drive/CD have also been placed on record. It is claim of respondents/State that order passed by Court stands complied with.

Treating the information, placed on record on affidavit and documents appended therewith, to be true and genuine, present matter is closed with direction to the concerned Officers and Officials of the Revenue and Forest Department that they shall ensure that there is no fresh encroachment on the Government/Forest land in future by petitioner(s) and any other person. It is made clear that if the affidavit placed on record along with documents thereto is found to be false, then appropriate action in law shall be initiated against the erring official. Petitioner(s) shall not be allowed to regain their unauthorized occupation/possession on any portion of Government/Forest land. Concerned field

official/officer in performing their duty, shall ensure steps to protect the Government/Forest land from any type of encroachment. On detecting encroachment on Government land, they (field staff) shall report the same to the next Higher Authority/Officer, who, in turn, shall ensure taking of immediate action for removal of such encroachment. In case of dereliction of duty, Field Staff/concerned Higher Authority, as the case may be, shall 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.

Chief Secretary to the Government of Himachal Pradesh is directed to circulate appropriate instructions/ directions in this regard.

Learned Additional Advocate General is directed to transmit copy of this order to the Chief Secretary to the Government of Himachal Pradesh.

(Vivek Singh Thakur), Judge.

(Bipin C. Negi), Judge.

May 8, 2025 (Purohit)