Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Vivek Singh Thakur, Bipin C. Negi
Court on its own motion – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
For involvement of similar nature of issue to be adjudicated in these both petitions dealing with the encroachment upon Government/Forest land and removal thereof, these petitions are being disposed of by this common judgment.
CWPIL No. 17 of 2014
2 On receiving letter dated 26th November, 2014 from Krishan Chand Sarta resident of village Jhadag, Tehsil Jubbal, District shimla H.P. in December, 2014, complaining encroachment upon forest land by large number of villagers by planting/sowing apple plants/potatoes, peas and raising construction thereon, with further grievance regarding inaction on the part of Departmental Officers/Officials who were expressing their inability to take action, it was directed by Hon’ble the Chief Justice to register the said letter as present petition being CWPIL No. 17 of 2014.
3 Initially, the State of H.P. through the Chief Secretary along with others Government Officers/Offices/Departments were arrayed as party, but later on other respondents including Himachal Pradesh State Electricity Board, Department of Irrigation and Public Health and other private respondents, were also impleaded as party.
4 Other petitions, Writ Pet
The court emphasized the 'polluter pays principle,' mandating accountability for encroachers and directing strict enforcement against illegal encroachments on Government and Forest lands.
Illegal encroachment of protected forest land is a violation of statutory provisions, requiring immediate removal to prevent ecological damage and uphold property rights of the state.
Government authorities must enforce forest protection laws against encroachment, ensuring compliance with environmental regulations to restore designated areas.
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....
Merely possessing or occupying land does not constitute criminal trespass unless proven intent to insult, intimidate, or annoy is established; also, proper notification process for protected forests ....
Settlement of forest land is void without prior Central approval under the Forest (Conservation) Act; a jurisdictional error does not validate an illegal title.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
