Policy to regulate controversial encroachments in Himachal Pradesh

Shimla — The Himachal Pradesh High Court is now considering the legality of a controversial policy that allows for regularization of illegal encroachments on government land. The policy, which allows for the regularization of a maximum of five bighas of illegally occupied land, is facing legal challenges from many petitioners.

A division bench comprising Justice Vivek Singh Thakur and Justice BC Negi issued guidelines to the petitioners who had constructed buildings and fruit orchards on government land. The court ordered the intruders to determine the type of land they occupied within two weeks. In their declarations, the petitioners must indicate whether the encroached land is forest land, Shamlat land or another category.

The origins of this legal battle date back to a 2014 letter from petitioner Krishna Chand Sarta to the Chief Justice of the Supreme Court. Sarta reported that individuals were illegally clearing forests to build houses, farms and fruit orchards, often with the tacit consent of the forestry department, including providing utility connections. The court, acting on the basis of this letter, ordered the Forest District to recover the occupied forest land by removing illegal gardens. This order led to a campaign to cut down apple trees in such areas.

However, the campaign faced resistance as encroachers filed multiple cases to delay reclamation efforts. In response, the High Court directed lower courts to expedite the disposal of these cases within a stipulated time frame. Despite repeated court orders, freeing forest land from encroachments was a long-term process.

The problem escalated after large-scale intrusions were discovered, sparking public opposition to the government’s campaign. In this regard, the state government has sought the court’s permission to introduce a policy to regularize illegal encroachments in forest lands up to five bighas. This policy, along with a 2002 one-off plan to regulate hacking, is currently under judicial review.

The High Court, taking note of the state government’s policy, had earlier directed the applicants to file an application to regularize their violations if they had not already done so. The petitioners claim that under the Himachal Pradesh Land Revenue Act, 1954 and state policy, they are entitled to regularize a maximum of five bighas of occupied forest land. The policy stipulates that no regularized land combined with a person’s other properties should exceed ten bighas.

In a noteworthy order, the court ordered illegal encroachers to voluntarily vacate any encroached land exceeding five bigha. The court further asked the petitioners to confirm that if the policy of regulating a maximum of five bigos is deemed illegal, they will unconditionally vacate all encroached lands.

As the High Court continues to consider this issue, its outcome will have significant implications for land management and forest conservation in Himachal Pradesh. This decision will potentially set a precedent for how illegal encroachments will be combated in the future, balancing the interests of landowners with the need to protect government and forest lands.