Dismissed

Jagat Singh v. State of Hp

Himachal Pradesh HC18 Jul 2024CWP/2844/2016

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition challenging an eviction order on forest land. The Court held the petitioner failed to rebut revenue records classifying land as forest and found no merit in the plea without Central Government approval for non-forest use. The Court directed authorities to identify, demarcate, and remove encroachments within specified timelines.

What did the court decide?

Rejection of the writ petition; direction to authorities to demarcate, remove encroachments, and take possession of forest land within specific deadlines; improvements to vest with the State unless re

Jagat Singh Vs State of Hp — Land Acquisition | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No. 2844 of 2016

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Date of decision: 18.7.2024

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Jagat Singh. Versus	…	Petitioner.
State of H.P.	…R	espondent.
*Corum*
*Hon’ble Mr. Justice Vivek Singh Thakur, Judge.* *Hon’ble Mr. Justice Bipin C. Negi, Judge.* *Whether approved for reporting?¹ For the Petitioner :* *Mr.B.S. Chauhan,* *alongwith Mr.Munish*	*Senior* *Dhatwalia,*	*Advocate,* *Advocate.*
*For the Respondents: Mr.Anup Rattan,* *alongwith Mr.Balde* *Advocate General.*	*Advocate* *v Negi,*	*General,* *Additional*

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Vivek Singh Thakur, Judge (Oral)

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Petitioner, in present case, has assailed order dated 8.9.2016,

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passed by the Divisional Commissioner, in case No. 126 of 2015, titled as Jagat Singh Vs. State of H.P., whereby his eviction from the forest land, comprising in DPF Nankhari Khasra No. 15/9 measuring 0-00-72 hectares, as directed vide order dated 19.3.2015, passed by Collector Forest-cumAssistant Conservator of Forests Rampur Bushahr, H.P., in case No. 8/2012-13, in unauthorized occupation of petitioner, has been affirmed.

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1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes

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CWP No. 2844 of 2016

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Land in reference has been identified and demarcated by the respondents as Forest Land, pertaining to DPF Nankhari, and in revenue record it has been recorded as “Sarkar Himachal Pradesh Kabza Van Vibhag Jangal Mehphuja-Mehduda”. Though a ground has been taken in the petition that land in reference is not a forest land, but nothing has been placed on record to substantiate the said claim and to rebut the revenue entries of this land, wherein it has been recorded as “Jangal MehphujaMehduda”.

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As observed by this Court in its order dated 17.7.2024, passed in CWP No. 1028 of 2002 and connected petitions including present petition, adjudication of CWP No. 1028 of 2002 regarding validity of Section 163(A) of the Himachal Pradesh Land Revenue Act, 1953 and Himachal Pradesh Regulation and Encroachment (in certain cases) of Government Land and Disposal of Government Land Rules, 2002, shall have no impact in the present matter, because in the absence of approval of the Central Government or for want of pendency of any request for such approval of the Central Government, the forest land cannot be put to a use, which is a non-forest purpose, as also has been defined and explained in Section 2 of Forest Conservation Act, 1980, clarifying that breaking up or clearing of any forest land or portion thereof for the cultivation of tea, coffee, spices, rubber, palms, oil bearing plants, horticulture crops or medical plants and even any purpose other than reafforestation, shall amount to using such land for non-forest purpose.

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CWP No. 2844 of 2016

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After going through the record, impugned order and averments made in the petition and also considering the submissions made by learned counsel for the petitioner, we do not find any merit in the petition and accordingly the same is dismissed.

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Consequentially, concerned Revenue Officers, including Tehsildar concerned and Forest Authorities, including DFO concerned, are directed to identify the Government/forest land encroached by the petitioner properly and take possession of the encroached Government/forest land by fixing permanent boundary marks of the Government land on or before 31^st August, 2024 and compliance affidavit with respect to taking of possession on the spot, be filed by the concerned Divisional Forest Officer on or before 16^th September, 2024 .

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The concerned authorities are also directed to remove other encroachment(s) from the Government/Forest land detected/found on the spot during demarcation/identification of the land in reference by taking appropriate action in accordance with law in time bound manner, to the maximum within six months from the date on which such encroachment is found/detected.

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Improvements/structures, if any, made on the encroached land shall vest in the State of Himachal Pradesh/Department and shall be utilized by the State/Department for its use. In case petitioner/encroacher intends to take away the fixtures/building material/debris for his own use, he

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CWP No. 2844 of 2016

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may opt for that in writing, but in that eventuality he shall take away the material of the structure before 30^th October, 2024 at his own cost.

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Any dereliction in performing compliance of aforesaid direction or laxity to remove encroachment from Government/Forest land shall be taken seriously and consequential adverse action/proceedings shall ensue.

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Entire aforesaid proceedings shall be video graphed and copy of videography be placed on record with affidavit.

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Learned Advocate General is directed to bring this order in the notice of the Chief Secretary to the Government of Himachal Pradesh, for ensuring timely compliance.

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The petition is disposed of, so also pending application(s), if

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any, in aforesaid terms.

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List for compliance on 23^rd September, 2024 .

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(Vivek Singh Thakur),

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Judge.

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(Bipin C. Negi),