Himachal HC Issues Time-Bound Directives to Address Encroachment Cases
Shimla, December 30: IN a significant development, the Himachal Pradesh High Court has issued stringent time-bound directives to expedite the adjudication and execution of encroachment cases under the H.P. Land Revenue Act, 1954, and the H.P. Public Premises (Eviction and Rent Recovery) Act, 1971.
A division bench comprising Justice Vivek Singh Thakur and Justice Bipin C. Negi, hearing Court on Its Own Motion vs. State of H.P. & Others (CWPIL No. 17 of 2014), took stock of the latest status report submitted on December 27, 2024, by the Additional Chief Secretary (Revenue). The report highlighted the pending encroachment cases across various authorities:
1. Land Revenue Act, 1954:
Pending cases before Assistant Collectors Grade-I & II: 5,789
Warrants of ejectment pending execution: 3,746
Appeals pending before Sub-Divisional Collectors: 457
Revisions and appeals before Settlement Officers: 95
Revisions and appeals before Divisional Commissioners: 360
Revisions and appeals before Financial Commissioner: 177
2. Public Premises Act, 1971:
Cases pending before Sub-Divisional Collectors: 118
Warrants of eviction pending execution: 42
Court Directives
Acknowledging the extensive pendency, the court mandated the following deadlines for authorities:
1. Execution of Warrants:
All pending warrants of ejectment under both Acts must be executed by March 31, 2025.
2. Final Adjudication of Pending Cases:
Assistant Collectors Grade-I & II to conclude all 5,789 cases under Section 163 of the Land Revenue Act by June 30, 2025.
Sub-Divisional Collectors to decide appeals under the Land Revenue Act by May 30, 2025.
Eviction cases under the Public Premises Act to be resolved by June 30, 2025.
3. Revisions and Appeals:
Settlement Officers to decide all pending revisions and appeals by May 30, 2025.
Divisional Commissioners to resolve cases by May 30, 2025.
Financial Commissioner (Appeals) to finalize matters by July 31, 2025.
4. Administrative Action:
The Additional Chief Secretary (Revenue) has been directed to issue necessary instructions by January 7, 2025, and present the compliance report on January 8, 2025.
The court also noted that the status report from the Divisional Forest Officer, Rohru, was not yet on record and directed its submission by the next hearing on January 8, 2025.
This robust intervention underscores the judiciary's resolve to ensure prompt action against encroachments and streamline administrative accountability in the state.
