Research › Search › Judgment

Himachal Pradesh High Court · body

2017 DIGILAW 1297 (HP)

Courts On Its Own Motion v. State Of H. P.

2017-11-23

SANDEEP SHARMA, SANJAY KAROL

body2017
JUDGMENT Sandeep Sharma, J. (Oral) - Two Civil writ petitions bearing No.1137 of 2017-D titled as Goverdhan Singh vs. State of H.P. and others and CWP No.1138 of 2017-D titled as Amri Devi vs. State of H.P. and others, came to be filed before this Court against the order, dated 19.08.2004, passed by Naib Tehsildar, Bhawarna, which was subsequently up held by Sub Divisional Collector, Kangra, seeking therein direction to restrain the respondents-authorities from taking any coercive action against the petitioners, on the basis of alleged encroachment made by them over the Government land. 2. During the proceedings of the case, it transpired that numbers of people have encroached upon the government land and as such, this Court after having taken note of affidavit filed on behalf of the Deputy Commissioner, Kangra at Dharamshala passed following detailed order: - "Notice. Mr. Kush Sharma, learned Deputy Advocate General appears and accepts service of notice on behalf of the respondents. Allegedly, order dated 19.8.2004, so passed by the Tehsildar, Palampur, directing removal of encroachment over the Government land, in relation to more than 11 persons, including that of the petitioner, has not been complied with. Also encroachment proceedings qua remaining 44 as also 55 encroachers have yet not been completed despite the action having been initiated in the year, 2004. In these circumstances, we direct the Deputy Commissioner, Kangra at Dharamshala (respondent No.3), to forthwith take the following actions:- (h) Enquire as to why the proceedings could not be completed or taken to its logical end. (i) Wherever proceedings/appeals, save and except before this Court, if any, assailing the orders of demolition/ejectment, are pending, hearing is expedited and the Deputy Commissioner shall ensure that all steps for completion of such proceedings are taken within the next four weeks. (j) Depute a special team consisting of the officials of I&PH, PWD, HPSEB and Revenue Department(s) for carrying out demolition of unauthorized structures, in all those case where no proceedings are pending before any authority. (k) Electricity and water connections of such unauthorized structures be disconnected forthwith. (l) Team so constituted shall ensure removal of all structures within a period of three weeks. (m) Costs of removal of unauthorized structures shall be recovered as arrears of land revenue from the encroachers and the Deputy Commissioner shall ensure compliance of the order within a period of three weeks. (l) Team so constituted shall ensure removal of all structures within a period of three weeks. (m) Costs of removal of unauthorized structures shall be recovered as arrears of land revenue from the encroachers and the Deputy Commissioner shall ensure compliance of the order within a period of three weeks. (n) If required, the Superintendent of Police shall depute adequate police force for executing the order passed by this Court. Affidavit of compliance be filed within eight weeks." 3. In compliance to aforesaid directions, passed by this Court vide order dated 29.5.2017, Deputy Commissioner filed his affidavit indicating therein action taken by the authority concerned for removal/eviction of unauthorized occupants over the water canal commonly known as Kripal Chand and Diwan Chand Kuhals. This Court after having noticed that action for removal of encroachment with respect to atleast 10 persons is yet to be taken, Court directed that the status report/action taken report itself be treated and registered as a separate CWPIL for passing further orders. In the aforesaid background, present CWPIL came to be registered as CWPIL No.107 of 2017. 4. On 12.10.2017, learned Additional Advocate General, stated at the Bar that proceedings for ejectment stand initiated against the encroachers and hearing of these proceeding shall be expedited. Accordingly, this Court directed Assistant Collector 2nd Grade, Palampur, District Kangra, HP to conclude the proceedings, in accordance with law, within a period of four weeks. This Court while ordering for listing the matter on 23rd November, 2107, also directed the Assistant Collector 2nd Grade, Palampur, District Kangra, HP to remain present in Court on that day. 5. On 23.11.2017, Sh. Om Prakash, Assistant Collector, 1st Grade, Palampur, stated before the Court that the proceedings for removal of encroachment are pending and the next date fixed in all the cases is 27th November, 2017. He further assured this Court that proceedings shall be completed on or before 31st December, 2017. 6. In view of the aforesaid statement having been made by Assistant Collector 1st Grade, Palampur, we do not see any reason to keep the present petition alive as it has served its purpose. Accordingly, the present petition is disposed of with the direction to Assistant Collector 1st Grade, Palampur to complete the eviction proceedings qua encroachment on or before 31st December, 2017. Accordingly, the present petition is disposed of with the direction to Assistant Collector 1st Grade, Palampur to complete the eviction proceedings qua encroachment on or before 31st December, 2017. After conclusion of aforesaid proceedings, concerned Officer i.e. Assistant Collector 1st Grade, Palampur shall file his affidavit of compliance, which in turn, shall be placed before this court for its perusal by the Registry of this Court.