The court emphasized the 'polluter pays principle,' mandating accountability for encroachers and directing strict enforcement against illegal encroachments on Government and Forest lands.

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 26^th 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 Petitions filed by individuals and Public Interest Litigation petitions, related to the issue of encroachment, were also tagged and adjudicated together with this petition.

5 During pendency of present petition and other connected matters, various instructions/directions were passed by the different Division Benches on different dates particularly on 6.4.2015, 27.07.2015, 6.8.2015, 30.8.2015, 18.10.2016 and 6.12.2017.

6 On 6^th April, 2015, it was observed by the Division Bench of this Court as under:-

“8. The very object and purpose of encroaching upon the forest land is only to make a quick buck by illegal means. Therefore, there is no reason why the encroachers should not be made to cough up the extra buck which they have earned over a long period of time.

9. People have long referred to the trees as Earth’s lungs as they play a crucial role in our existence, consuming large quantities of carbon dioxide and producing oxygen which enables us to breathe. Apart from providing oxygen, they also cleanse the air and improve its quality, control climate, protect soil and support vast varieties of wildlife. It is universally accepted that deforestation is major contributing factors of climate change and that is why it is so important to protect trees and secure our natural landscapes for future generations.

10. The ‘sustainable development theory’ recognizes and avows ‘precautionary principle’ and ‘polluter pays principle’. The State is having the rights flowing from their position as parents patriae. The forest conservation and eco- management are two inevitable obligations which are to be respected when the theory of ‘sustainable development’ is put into operation. What is required is the insistence for ‘gun and guard’ approach in day-to-day supervisory functions of the Government.

11. The 1992 Rio Declaration on environment and development has been adopted by India and principle 13 thereof provides:

“The States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage. States shall also co-operate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their jurisdiction or control to areas beyond their jurisdiction.”

12. In view of the above declaration, the State is under obligation to safeguard and compensate not only the victims of polluters but also liable to compensate for the adverse effects of an environmental damage. The ‘Polluters Pays Principle’ as interpreted by the Hon’ble Supreme Court means that the absolute liability for harm to the environment extends n