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2015 DIGILAW 1034 (HP)

Krishan Chand v. State of Himachal Pradesh

2015-08-06

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT Mansoor Ahmad Mir, J. 1. Respondents No. 1 and 2 have filed the affidavit. It is apt to reproduce relevant portion of para 2 of the said affidavit herein: "2. That in order to comply the Hon'ble Court directions a meeting was held under the Chairmanship of Shri P. Mitra, Chief Secretary, Government of Himachal Pradesh on 29.7.2015 regarding the implementation of the aforesaid orders of this Hon'ble Court. Additional Chief Secretary (Forests) to the Government of Himachal Pradesh and the Director General of Police also attended this meeting and following decisions have been taken to comply with the aforesaid orders of this Hon'ble Court in letter and spirit. The copy of the minutes is enclosed as Annexure-I. (i) It was noted that the Hon'ble High Court has directed the plucking and sale of apples. It was felt that auction of the fruits will be the only viable method to achieve the directions of the Hon'ble High Court. Therefore, it was decided that the concerned Range Forest Officers shall conduct on the spot auction of apples and other fruits bearing orchards on encroached forest land immediately without further loss of time, since these crops are about to reach the ripening stage and any delay in the process shall only cause these crops to perish. Publicity regarding this should be made in the authorised market yards. The Divisional Forest Officers concerned shall ensure that these auctions are carried out in a time bound manner. The concerned CCFs/CFs (Territorial & Wildlife) shall monitor the entire exercise and ensure the compliance of the aforesaid orders of Hon'ble High Court in letter and spirit." 2. Learned Advocate General prayed that the State-respondents be permitted to conduct the auction of the apples, other fruits and crops. 3. At this stage, learned Amicus Curiae stated at the Bar that the videography of the auction be conducted in the presence of the Tehsildar and the Range Forest Officer concerned. 4. The respondents have not filed the details of the encroachers and the total description of the land encroached upon. It is also not known as to what is the number of fruit bearing trees standing on the encroached forest land in the entire State. 5. 4. The respondents have not filed the details of the encroachers and the total description of the land encroached upon. It is also not known as to what is the number of fruit bearing trees standing on the encroached forest land in the entire State. 5. It is apt to record herein that respondents No. 2, 4 and 6 have filed the status report in compliance to order, dated 06.04.2015 and, in paras 8 and 9 of the said affidavit, have given number of the cases, which have been lodged against the defaulters/ encroachers. It is apt to reproduce paras 8 and 9 of the said status report herein: "8. That upto 30.06.2015, in the State of H.P. 2509 FIRs against 2527 cases of more than 10 bighas of encroached forest land were registered with Police. It is humbly submitted that in Para-3 of the Status report filed in this Hon'ble Court during this Month, total number of FIRs were shown 2513 inadvertently instead of 2509. Out of 2527 cases, demarcation in 2520 cases have been completed and 2515 cases have been challaned in the judicial courts. Only 7 cases (i.e. 6 cases of Shimla and 1 of Kinnaur District) are pending for demarcation. 9. That upto 30.06.2015, in the State of H.P. out of 9735 cases of less than 10 bighas of encroached forest land, proceedings in 7244 cases have been completed by the Divisional Forest Officers-cum-Collectors under the H.P. Public Premises (Eviction & Rent Recovery) Act, 1971 and 2491 cases are in the process of completion of proceedings. Out of 7244 cases in 3893 cases of encroached forest land has been vacated from the illegal possession of the encroachers." 6. In the given circumstances, we deem it proper to pass following directions: (i) The State-respondents are directed to make videography of the apple trees, other fruit bearing trees and the crops standing on the encroached forest land and also of the auction proceedings. (ii) Lodging of FIRs does not mean that the encroachment proceedings have come to an end, are to be kept under eclipse. (ii) Lodging of FIRs does not mean that the encroachment proceedings have come to an end, are to be kept under eclipse. FIR relates to trespass and other offences punishable under the applicable penal laws, but the apple trees, other fruit bearing trees, crops and other encroachments made on the forest land are to be removed in terms of the mandate of law read with the orders passed by this Court from time to time and the fruits/crops are to be dealt with in terms of the said orders. (iii) Encroachment on one inch or on thousand inches, is an encroachment and the encroachers are liable to be evicted and dealt with under law. 7. Respondents are directed to file fresh status reports/compliance reports in terms of order, dated 27.07.2015 read with the orders already passed, within four weeks. 8. List on 28th September, 2015.