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HIGH COURT OF HIMACHAL PRADESH
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA,HONOURABLE THE CHIEF JUSTICE MOHAMMAD RAFIQ
AMAR CHAND – Appellant
Versus
STATE OF HP – Respondent
CWP/92/2022
Encroachment on Charagah land is illegal and cannot be regularized.
Headnote:
LAND ENCROACHMENT - CHARAGAH LAND - REGULARIZATION - NOT PERMITTED
Fact of the Case:
The petitioner encroached upon government land designated as 'Charagah Bila Drakhtan' (grazing land without trees). The Assistant Collector Grade-I declared the petitioner a trespasser and ordered the removal of the encroachment. The petitioner's appeals to the Collector, Divisional Commissioner, and Financial Commissioner (Appeals) were dismissed.
Finding of the Court:
The court held that the petitioner's encroachment on the Charagah land was illegal and could not be regularized. The court cited the Supreme Court's ruling in Jagpal Singh and others Versus State of Punjab and others, which prohibits the encroachment and regularization of Charagah land.
Issues: Whether the petitioner's encroachment on Charagah land could be regularized.
Ratio Decidendi: The court relied on the principle established in Jagpal Singh and others Versus State of Punjab and others, which holds that encroachment on Charagah land is illegal and cannot be regularized.
Final Decision: The court dismissed the writ petition and directed the petitioner to vacate the encroached land within three months. The court also allowed the petitioner to approach the Tehsildar for an extension of time to vacate the premises.
O R D E R
This writ petition has been filed by the petitioner-Amar Chand, challenging the order dated 26.11.2021 (Annexure P-6), passed by the Financial Commissioner (Appeals), Himachal Pradesh in Revision Petition No.48 of 2021, whereby the revision petition filed by the petitioner has been dismissed and the notice dated 16.12.2021 (Annexure P-7), vide which the petitioner has been called upon to remove the encroachment from the Charagah land.
2. The basic order passed against the petitioner is Annexure P-3, dated 21.06.2016, passed by the Assistant Collector Grade-I, Karsog, District Mandi. In the aforesaid order, the petitioner is a trespasser over the government land comprising in Khasra No.236/1 measuring 0-2-10 Bigha, Khasra No.236/2 measuring 0-8-12 Bigha, Khasra No.989/251/1 measuring 0-0-12 Bigha and Khasra No.989/251/2 measuring 0-0-12 Bigha, total Kita 4, measuring 0-12-6 Bigha in Mohal Beludhank, Tehsil Karsog, District Mandi, which are recorded as ‘Charagah Bila Drakhtan’. The petitioner filed appeal against that order before the Collector, Sub- Division Karsog, who vide order dated 27.01.2017, dismissed the appeal by a detailed order. Thereafter, the petitioner filed further appeal before the Divisional Commissioner, Mandi Division, who dismissed the same vide order dated 23.10.2019. None of these orders are under challenge in the writ petition.
3. In view of the law laid down by the Hon’ble Supreme Court in Jagpal Singh and others Versus State of Punjab and others, (2011) 11 SCC 396, the encroachment of the petitioner over the Charagah land cannot be justified in any circumstances nor any such encroachment can be regularized by the Government.
4. Faced with this situation, learned counsel for the petitioner submitted that since the petitioner has been having constructed house over the disputed land for quite some time, his alternative prayer for allowing him to vacate the land within a period of three months may be considered.
5. The petitioner may for that approach the Tehsildar concerned with an undertaking to positively vacate the aforesaid premises within a period of three months, who may in his discretion, consider not executing the eviction order during that period. In case the petitioner does not vacate the aforesaid premises within the said period, it shall be open for the respondent to proceed according to law.
With these directions, the writ petition stands disposed of, so also the pending miscellaneous application(s), if any.
( Mohammad Rafiq )
Chief Justice ( Jyotsna Rewal Dua )
January 05, 2022 Judge
