Shimla: The Himachal Pradesh High Court, in a significant development, has issued directives to enhance the judicial understanding of officers handling land encroachment cases in the state.
A division bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi directed the Chief Secretary to ensure proper training for the officers concerned before February 28, with compliance to be reported through an affidavit by March 15.
The high court noted that the lack of judicial knowledge among these officers was leading to improper hearings, resulting in justice being denied to citizens.
Says procedural negligence undermining judicial process
It was observed that during eviction and encroachment proceedings under the Public Premises Eviction and Rent Recovery Act, 1971 (PP Act), the provisions under Section 4 were frequently overlooked.
This procedural negligence undermined not only the judicial process but also state resources, court dignity and public trust, ultimately encouraging unauthorised occupation of government or forest land, it said.
Mandatory training for govt officers
To address these issues, the high court has ordered a five-day training programme at the Judicial Academy for officers, including Divisional Forest Officers, Assistant Conservators of Forests and Divisional Commissioners.
The training will focus on legal intricacies to ensure compliance with judicial procedures during encroachment cases.
The high court has emphasised expediting the disposal of pending encroachment cases, directing officials to adhere to strict deadlines. Cases must be resolved by July 31, 2025, with specific deadlines for different categories, including March 31 for cases with existing warrants, May 30 for cases requiring further proceedings and June 30 for long-pending cases.
In case of any delay, officials are required to present valid reasons to the high court.
Steps to prevent future encroachments
Highlighting the need for preventive measures, the High Court instructed the administrative secretaries of Revenue, Forest, Panchayati Raj, Home and Jal Shakti Departments, along with the Electricity Board and National Highways Authority of India (NHAI), to ensure that no new encroachments occurred.
The high court also referenced a December 2024 Supreme Court directive, which remanded nearly 50 encroachment cases to the High Court for rehearing. The apex court criticised the previous handling of these cases, stating that factual considerations were neglected.
