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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Samu Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has, inter alia, prayed for the following relief:-
“That the impugned order dated 11.12.2023 may kindly be quashed and set aside and the ejectment order dated 28.04.2018 passed by the Sub Divisional Collector Pooh, may kindly be quashed and set aside.”
2. The petitioner is aggrieved by order dated 11.12.2023, Annexure P-5 passed in Revision Petition No.50 of 2022, in terms whereof, the Revision Petition filed by the petitioner against the earlier orders passed by the Authorities in terms whereof, the petitioner is held to be an encroacher upon the Government land and ordered to be evicted there from, has been up held by the learned Revisional Authority.
3. The case of the petitioner is that in lieu of land donated by him for the purpose of the construction of a primary health centre, Gram Panchayat assured him that he shall be granted alternative land. The petitioner was also assured that he could take possession of Government land and thereafter, formalities shall be undergone and Deputy Commissioner/Collector of the District shall be requested to make necessary incorporation in the revenue record reflecting th
The court upheld the authority's decision that the petitioner was an encroacher on Government land, emphasizing that assurances from the Gram Panchayat did not confer legal rights to occupy the land.
Point of law: According to Section 12-A of the A.P. Land Encroachment Act, 1905 the powers of revision authority are limited and the revision authority may call for the records either suo motu or on ....
Illegal occupation of Gram Panchayat land does not confer any right to claim ownership or regularization.
The main legal point established in the judgment is that summary proceedings under the Andhra Pradesh Land Encroachment Act, 1905 cannot be sustained when there is a longstanding possession and a bon....
All State Governments in the country that they should prepare schemes for eviction of illegal/unauthorised occupants of Gram Sabha/Gram Panchayat/poramboke/shamlat land and these must be restored to ....
Encroachment on government land is a criminal trespass that necessitates prompt state action, emphasizing public trust in land management and the prioritization of communal rights over private claims....
Encroachment by a family member can lead to disqualification of an elected member under the Maharashtra Village Panchayat Act, emphasizing a broad interpretation of encroachment to prevent conflicts ....
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