Munish Sood
Mandi
In a significant ruling against unauthorized construction on forest land, the Divisional Commissioner’s Court, Mandi, has declared the Panchvati Park built in Shala Panchayat of Chachyot Tehsil as illegal. The court has ordered that the park, developed at a cost of approximately ₹80 lakh, along with the underlying land and all structures, be handed over to the Forest Department.
Divisional Commissioner Dr. Raj Kumar Paruthi passed the order while hearing an appeal filed by Raj Kumar, which was partially allowed. The court observed that the land bearing Khasra No. 264/1, measuring about 6 bighas, 5 biswas and 3 biswansis, is classified as government forest land (DPF Jawal).
The investigation revealed that construction was carried out on forest land without obtaining permission from the competent authority and without completing the mandatory legal process for transfer of forest land. Apart from the Panchvati Park, several other structures—including a cyclone shelter, rain shelter, tree house and additional facilities—were also constructed on the site under the MGNREGA scheme, using public funds.
The Divisional Commissioner noted that nearly ₹80 lakh had already been spent on the project. Considering that demolition of these structures would result in substantial financial loss to the state government, the court directed that the land and all constructions be transferred to the Forest Department on an “as is, where is” basis. The Forest Department has been permitted to utilize the structures according to its departmental requirements.
Taking a serious view of the matter, the court also ordered an inquiry into the role of officials and Panchayat representatives responsible for the lapse. The DFO Nachan has been instructed to examine the conduct of forest officials who failed to report or prevent the encroachment in time. Additionally, the Deputy Commissioner, Mandi, has been directed to investigate the involvement of Panchayat representatives and administrative officers associated with the construction and to ensure appropriate legal action.
The Divisional Commissioner clearly stated in the order that any construction on forest land without statutory approval is a violation of law and such actions will not be tolerated under any circumstances.
