Bansi Lal Vs State of Hp — Himachal Pradesh HC (2024) — LawSathi Research

Bansi Lal Vs State of Hp — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Matter closed upon recorded compliance with the judgment dated 18.07.2024; continuing protective directions issued to Revenue and Forest Department officers/officials to prevent fresh encroachment on Government/Forest land, bar the petitioner(s) from regaining unauthorized possession, mandate detection, reporting and immediate removal of encroachment, and provide for suspension with contempt, criminal and departmental proceedings (including removal/dismissal from service) against defaulting officials; Chief Secretary to circulate appropriate instructions and the Additional Advocate General to transmit the order to the Chief Secretary.

Issue for consideration

Whether the directions passed by the Court in its judgment dated 18.07.2024 in this matter stand complied with by the respondents/State.

Court's answer

Treating the information furnished on affidavit, together with the documents appended thereto, to be true and genuine, the Court closed the present matter.

Ratio / Principle

The 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 the petitioner(s) and 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¶¶7
The petitioner(s) shall not be allowed to regain their unauthorized occupation/possession on any portion of the Government/Forest land.ratio¶¶7
Field staff shall protect Government/Forest land from encroachment; on detecting encroachment they shall report it to the next Higher Authority/Officer, who in turn shall ensure immediate action for removal of such encroachment.

Detailed headnote1 paragraphs

Babsi Lal v. State of H.P., CWP No. 429 of 2018 (decided 05.12.2024): By way of a compliance order, the Division Bench (Vivek Singh Thakur and Bipin C. Negi, JJ.) noted the compliance affidavit filed by the Divisional Forest Officer, Anni Forest Division at Luhri in terms of the Court's judgment dated 18.07.2024, supported by documents and videography on Pen-drive/CD, claiming compliance of the Court's directions. Treating the information on affidavit and documents as true and genuine, the Court closed the matter while issuing continuing directions: concerned Officers and Officials of the Revenue and Forest Department to ensure no fresh encroachment on Government/Forest land by the petitioner(s) or any other person; petitioner(s) not to be permitted to regain unauthorized occupation/possession; action in law against the erring official if the affidavit is found false; field staff to detect and report encroachment to the next Higher Authority/Officer for immediate removal; dereliction of duty to invite immediate suspension and contempt, criminal and departmental proceedings, the latter for removal/dismissal from service; the Chief Secretary to the Government of Himachal Pradesh to circulate appropriate instructions/directions, with the Additional Advocate General to transmit a copy of the order to him.

Babsi Lal vs. State of H.P. & others

CWP No. 429 of 2018

05.12.2024

Present: Mr.Lalit K. Sehgal, Advocate, for the petitioner. Mr.Varun Chandel, Additional Advocate General, for respondents-State.

Compliance affidavit, in terms of judgment dated 18.07.2024 passed in this matter, has been filed by the Divisional Forest Officer, Anni Forest Division at Luhri, 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.

December 5, 2024.

(Purohit)