Khad Land Allotment Row Reaches High Court, Govt Put on Notice
Shimla: A controversial allotment of riverbed land in Sirmaur district has come under judicial scrutiny, with the Himachal Pradesh High Court issuing notices to the state and central governments on a Public Interest Litigation filed by Gram Panchayat Kolar.
The PIL (CWPIL No. 42 of 2026), taken up by a division bench headed by Chief Justice G.S. Sandhawalia, challenges the allotment of land at Jalmusa Khad, recorded as “gair mumkin nadi/khad”. The court has listed the matter for further hearing on June 17.
Allotment Under Scanner
The petition questions the grant of five bighas each to 38 individuals (around 190 bighas in total) under the Himachal Pradesh Nautor Rules, 1968. The Panchayat has contended that the land is part of a natural drainage system and falls in a flood-prone riverbed zone, making it unsuitable for settlement.
Procedural Lapses Alleged
Citing information obtained under the Right to Information Act, the petitioner has alleged irregularities in the allotment process, including: Incomplete records of beneficiaries, Absence of mandatory No Objection Certificates from the Panchayat and forest authorities, Grant of pattas without following due legal procedure.
The petition terms the allotments as illegal, arbitrary and violative of statutory provisions.
Objections by Local Bodies Ignored
The Panchayat has informed the court that it had opposed the allotment through a Gram Sabha resolution dated July 9, 2024, followed by a representation to the authorities later that month. Another resolution passed on January 5, 2026 flagged the site as highly vulnerable to flooding.
Despite these objections, the allotments were carried out, prompting the Panchayat to approach the High Court.
The PIL also highlights that similar requests for land by local residents and even the India Reserve Battalion were earlier rejected on the grounds that the land was a river/ khad and not suitable for allotment. The subsequent grant to private individuals has been termed discriminatory by the petitioner.
Environmental Concerns Raised
The petition flags potential environmental damage, including:
Disruption of natural water flow, Impact on irrigation and drinking water sources. Loss of grazing land used by nearby Panchayats
Felling of trees in the area
It further alleges violations of the Forest (Conservation) Act, 1980, stating that no prior approval from the Central Government was obtained for the allotment.
Relief Sought
The petitioner has sought quashing of the allotments, restoration of the land to its original condition, and action against officials responsible for the alleged irregularities.
Next Hearing on June 17
With notices issued to the respondents, including the Union of India and the Himachal Pradesh government, the case is expected to test the legality of land allotments in ecologically sensitive zones.
