ORDER :

Heard. By way of instant petition, the petitioners have prayed for the grant of following reliefs:-

i) That the respondents may be directed to provide the compensation to the petitioners against their only houses/structures built up on Khasra no. 209/2015 in Village Toba, Tehsil, Shri Naina Devi ji at Swarghat, Distt. Bilaspur under the right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 like the cases of land acquisition in the construction of four land from Kiratpur to Manali (annexure P/1 further the notice dated 20.07.2021 (annexure P-3 and further proceedings in view of annexure P/3 may be quashed and set aside in the interest of justice.

2. Petitioners claim to be in possession of land comprised in Khasra No. 209/15/1 measuring 3-07 Bighas, situated at Toba Sangwana, Tehsil Shri Naina Devi Ji, District Bilaspur, Himachal Pradesh along with structures thereon. State of Himachal Pradesh is recorded owner of said land. An area measuring 1-05 Bighas of this land has been diverted for public purpose i.e. construction of Bhanupalli-Bilaspur-Beri, Broad Gauge Railway Line.

3. The Assistant Collector- II Grade, Shri Naina Devi Ji, District Bilaspur, H.P has initiated proceedings against the petitioners under Section 163 of the H.P. Land Revenue Act, for their eviction from above mentioned land measuring 03-07 bighas, vide case No. 02/2021. The petitioners have been issued show cause notice in aforesaid proceedings.

4. The relevant extract from paragraph 14 of instant petition is being reproduces hereunder to highlight the admission made by them as to their status on the land in question:

“Presently the State of Himachal Pradesh, through various proceedings is attempting to vacate the petitioners from the possession of their lands/homes. Though the petitioners are in unauthorized occupation of Government and other lands belonging to the State, the petitioners are entitled to protection of their life and liberty as guaranteed under the Constitution of India……..”

In response to show-cause notice issued to the petitioners by Assistant Collector IInd Grade, Shri Naina Devi Ji, they have raised the plea of having acquired title on the land involved in said proceedings, by way of adverse possession. Thus, the petitioners admit themselves to be unauthorised occupiers of land in question.

5. The relief sought by the petitioners in the present petition is twofold. Firstly the petitioners have sought directions against the respondents to pay compensation to them under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 (for short, “Act”) and secondly the petitioners have sought quashing of show cause notice, dated 20.07.2021, issued by Assistant Collector- II Grade, Shri Naina Devi Ji, District Bilaspur as also the further proceedings undertaken in pursuance thereto.

6. The encroacher on government land, or for that matter, on the land of any other person, has no right to remain in such possession, unless the owner of such land consents. The only protection of law available to the encroachers is that they have to be evicted only in accordance with the process established by law. In the instant case, the proceedings have been initiated against the petitioners under Section 163 of H.P. Land Revenue Act, which provides for eviction of encroachers from Government land. The proceedings initiated against the petitioners by the Assistant Collector-II Grade, Shri Naina Devi Ji, District Bilaspur, thus, cannot be said to be without jurisdiction. Petitioners have no right to obstruct such lawful proceedings initiated against them in any manner, whatsoever, much less by seeking indulgence of this Court under Article 226 of the Constitution of India. This Court in CWP No. 3821 of 2021, titled as Harnam Singh alias Rinku Chandel vs. State of H.P. & ors, decided on 19.07.2021, has held as under:-

"12. This Court is dealing with public property, wh