No policy to regularise government land encroachments, the court makes clear
Shimla – The Himachal Pradesh High Court has issued strong directives against illegal encroachments on government land, particularly targeting individuals occupying five bighas or more. A special division bench comprising Justice Vivek Singh Thakur and Justice Bipin Chandra Negi has ordered that all such encroachers must be evicted by July 15.
In its stern ruling, the High Court clarified that there is no existing policy to regularise encroachments of five or ten bighas, nor is there any proposal under consideration to formulate such a policy in the future. The court emphasised that claims based on any such expectation are baseless and legally untenable.
The bench directed the state Chief Secretary to initiate eviction proceedings against all similar cases and stated that the government does not need to seek fresh permission from the High Court to carry out these actions. Furthermore, the court made it clear that any interim protection orders previously granted will not prevent the eviction of such encroachers. A compliance report regarding the implementation of these directions must be submitted to the court by July 21.
During the hearing, the state government submitted that it has no policy to regularise encroachments on government land. The court also rejected the petitioners’ reliance on a 2017 draft policy proposal, terming it non-existent and without legal backing. It held that the permission granted to Jagjivan Ram earlier does not validate any policy framework favouring encroachment.
The ruling came in response to three petitions challenging eviction notices served by the Assistant Collector First Class-cum-Tehsildar of Kumarsain, related to encroachments on pasture darkhan (pasture lands with trees) in Sarahan, Kumarsain tehsil. The petitioners argued that the land in question is categorised as unprotected forest land in revenue records and that the 2018–19 jamabandi reflects possession by village landholders.
However, the court dismissed these arguments, refusing to grant any relief. It stated that traditional use claims cannot override the legal status of the land and upheld the eviction orders issued by the local authorities.
This decision is likely to have wide-ranging implications for encroachments on government land across Himachal Pradesh, sending a clear signal that unauthorised occupation will not be tolerated and no regularisation will be entertained.
