DHARAMSHALA: Chief Justice of India (CJI) Sanjiv Khanna has decided to constitute a special bench in the Supreme Court to hear encroachment cases.
Until now, such cases were being heard by different benches, leading to varying rulings. A division bench comprising Justice Sudhanshu Dhulia and Justice K Vinod Chandran observed discrepancies in recent judgments.
On November 28, Justice Dhulia’s bench dismissed a petition in an encroachment case, while another bench granted relief in a similar matter. Recognising the need for uniformity, the judges have referred the matter to the CJI for further action.
Stay order on evictions from government land
The Supreme Court division bench has issued an order to maintain status quo in encroachment cases.
The petitioners have challenged orders issued by the Himachal Pradesh High Court, which directed their eviction from government land due to alleged encroachment.
Following the division bench’s directive, all such cases will now be heard by a single bench, ensuring a streamlined approach. The bench also recommended that the CJI formally constitute a special bench to exclusively deal with encroachment-related legal matters.
Petitioners challenge legitimacy of eviction orders
The petitioners’ advocates argued that the land in question has been under their families’ use for generations and falls under the Bakhal-Awwal category.
They contended that the eviction process, initiated by the Forest Department under Section 4 of the Public Premises and Land Eviction and Rent Recovery Act, 1971, is unjust and against the principles of natural justice.
The petitioners cited a recent Supreme Court ruling (Babu Ram vs. Himachal Pradesh, November 28), which acknowledged errors by lower authorities in such cases and called for a re-evaluation of facts.
With nearly 30 such cases pending before the Supreme Court, the formation of a special bench is expected to bring clarity and consistency to encroachment-related legal proceedings.
Sunil Chadha
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