The High Court directed officers to ensure no fresh encroachment on Government/Forest land by the petitioner or others, mandated vigilance by field staff, and ordered suspension for failure to report encroachment.
Directed non-encroachment, vigilance, and disciplinary accountability; order to be transmitted to Chief Secretary.
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Uggam Ram Vs. State of H.P. & others.
CWP No. 2787 of 2016
3.12.2024
Present: Mr.Maan Singh, Advocate, for the petitioner.
Mr.Manoj Chauhan, Additional Advocate General, for the respondents.
CWP No. 2787 of 2016
Compliance affidavit, in terms of judgment dated
18th July, 2024 passed in this matter, has been filed by the Divisional Forest Officer, Ani Forest Division, 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.
3rd December, 2024. (Keshav)
Uggam Ram
State of H.P.
Vivek Singh Thakur
Bipin C. Negi
As recorded by the court registry
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