TNR News Network
Shimla:
The Himachal Pradesh High Court has taken on the state government over selective action against forest encroachments, making it clear that enforcement “has to be pan-Himachal” and not limited to a few forest divisions.
The stern observations came during the hearing of connected public interest litigations concerning illegal orchard plantations and encroachments on government forest land.
A Himachal Pradesh High Court division bench comprising Justices Vivek Singh Thakur and Bipin C Negi directed the state to submit a fresh, detailed status report by July 29, covering the entire state and not just selective regions like Chaithla, Rohru and Kotgarh, where recent eviction actions were reported.
Why just Chaithla or Rohru, what about rest of the state, asks HC
The high court took note of instructions filed by the Forest Department stating that 2,456 fruit trees were felled in Chaithla village and additional trees were removed in Rohru (713) and Kotgarh (490) forest divisions. However, the high court pointed out a glaring omission — no data or action reports were submitted for the rest of the state.
“Encroachments exist beyond these few pockets. The action cannot appear selective or targeted. It must be uniform, and it must be across Himachal Pradesh,” the high court emphasised, adding that the government’s approach must reflect the seriousness of protecting forest land state-wide.
Compliance affidavits still pending
During the hearing, senior advocate JL Bhardwaj, appearing as Amicus Curiae, flagged that the government had not yet filed compliance affidavits in response to the January 8, 2025, judgment, particularly the directions listed in Paragraph 35. The court had earlier ordered a detailed roadmap for identifying and clearing encroachments from government and forest land.
The court has now once again directed the authorities concerned to submit these affidavits without fail before the next hearing. Advocate General Anup Rattan and Additional Advocate General Varun Chandel were asked to ensure that all procedural objections are addressed so that the affidavits can be officially taken on record.
Equal enforcement, no exceptions
The high court proceedings saw multiple private respondents, accused of encroachment, appearing in person to submit their replies. Among them, Sohan Lal, aged 78, was exempted from future personal appearances due to age-related ailments. Mast Ram, another respondent, was granted exemption for the day on medical grounds, with his counsel informing the high court of his ongoing cancer treatment.
Yet, despite these individual considerations, the high court remained firm on one principle: there can be no leniency in applying the law when it comes to encroachment on forest land, regardless of the social or political standing of those involved.
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