The Chief Secretary instructed to ensure compliance across state roads and highways
Shimla: In a significant directive, the Himachal Pradesh High Court has ordered the Chief Secretary to ensure that no unauthorized construction or encroachment occurs on government land along national highways, state highways, district roads, or other local roads. A division bench comprising Justice Vivek Singh Thakur and Justice Rakesh Kainthala issued the order while disposing of a Public Interest Litigation (PIL) related to encroachments.
The court noted that although the encroachments on National Highway-5 had been removed, strict measures must be taken to prevent any future unauthorized construction or obstructions. The court emphasized that all concerned authorities must ensure that there is no encroachment or unauthorized construction along the highways.
Clear Orders to Departments and Local Authorities
The court directed officials from the Revenue Department, Himachal Pradesh Public Works Department (PWD), Town and Country Planning Department, Municipal Corporation, Municipal Councils, Nagar Panchayats, Panchayats, Special Area Development Committees, and other local bodies to strictly enforce the order. They are tasked with monitoring government land along the highways and immediately reporting any unauthorized construction or encroachment to the competent authorities.
Once such cases are detected, the competent authority is required to take immediate steps to remove the encroachments. The court also instructed these officials to prevent any recurrence of encroachments on government land where they have already been cleared.
The High Court has warned that any failure by officials to perform their duties in this regard will result in severe consequences. Apart from facing contempt proceedings, officers who neglect to report or address unauthorized construction and encroachments may face departmental action, including removal or dismissal from service. Additionally, they could face criminal proceedings in accordance with the law.
The directive underscores the court’s commitment to maintaining the integrity of public land and ensuring that highways and other vital roadways remain free from unauthorized constructions that could pose safety risks or disrupt traffic flow.
This ruling places the onus on various government departments and local authorities to maintain vigilance in safeguarding government property and keeping public roads clear of obstructions.
