Ejectment Procedure of encroachment over government/ forest land in HP
Proceedings for the removal of encroachments on Government/forest land can be initiated under more than one set of laws. Action to remove an encroachment on the acquired width of a scheduled road can be taken by a Collector under the Himachal Pradesh Road Side Land Control Act. Similarly, a Collector is empowered to hold proceedings for the eviction of an-unauthorised occupant from public premises under the Himachal Pradesh Public Premises and Lands (Eviction and Rent Recovery) Act. Besides this, steps to remove an encroachment from Government land can also be taken under section 163 of the Himachal Pradesh Land Revenue Act.
H.P. Public Premises & Land (Eviction & Rent Recovery) Act, 1971
DFOs have been delegated powers of Collectors under H.P. Public Premises & Land (Eviction & Rent Recovery)Act, 1971 to try the cases of encroached forest land vide Notification No. 1-21/71-LSG dated 8.6.1994.
Beat Forest guard/Block Officer will Detect encroachment and Confirmed by Revenue staff of Forest Department/ Revenue. Challan will be filled to DFO-cum –collector for trial of the case by Range Officer concerned/Block Officer. DFO-cum-Collector will pass eviction order after proceedings of the trial and dispose the matter.
Appeal to will be entertained within 30 days by first appellate authority that is Divisional Commissioner and 2nd appellate authority is High Court.
Ejectment of encroachment Warrant will be issued By DFO-cum-Collector after 30 days in case encroacher has not filed appeal.
Himachal Pradesh Land Revenue Act, Section 163
Besides this, steps to remove an encroachment from Government land can also be taken under section 163 of the Himachal Pradesh Land Revenue Act. Revenue Officer not lower than Assistant Collector of the first grade in rank to convert himself into a Civil Court for deciding a question as to title or to adverse possession. However, an appeal against the order of an Assistant Collector functioning as a Civil Court in terms of this law now lies to a District Judge. Till the dispute as to title or adverse possession is finally adjudicated upon, proceedings to eject an encroacher on Government land cannot be carried to their logical conclusion. This would tend to make proceeding under this legal provision rather protracted. Besides, action under provision can be taken by an Assistant Collector, With a provision for scrutiny of his order or proceedings on appeal or in revision by the Collector, the Commissioner, and the Financial Commissioner. These successive stages of scrutiny by higher Revenue Officers ensure against arbitrary action but these also make for dilatoriness. Thirdly, section 163 aforesaid does not lay down very satisfactory remedy against the repetition of an encroachment. Fourthly, the precise nature of the proceedings under this section is still, in the realm of uncertainty and lacks in much desired clarity. On the other hand, proceedings under the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act can be held only by a Senior Officer called Collector.
Punishment : section 163 of the Himachal Pradesh Land ·Revenue Act, section 11 of the Himachal Pradesh Public Premises declares occupation of the public premises by a person, who had earlier been evicted there from; to be an offence punishable with imprisonment which may extent to one year or with fine or with both.
Himachal Pradesh Road Side Land Control Act
The provisions of the Himachal Pradesh Road Side Land Control Act are designed to meet emergency situations where very prompt action is called for in order to remove an encroachment on the acquired width of a scheduled road so as to ensure free flow of traffic and a reasonable possibility of making use of the whole acquired width of the road whenever the need for that arises in future. The extent of the 1nconven1ence that may result from an encroachment on a public road calls for urgent remedia1 measures. These are adequately provided for under the Himachal Pradesh Road Side Land Control Act and can be made use of with advantage.
Action against encroachment over government land can be initiated under either of these legislative enactments. Ejectment warrant can be issued procedurally after completion of proceedings and Eviction will take place thereafter.