Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 11432 (HP)

SHAM LAL v. STATE OF HP AND OTHERS

CWP/5043/2024 · 2025-08-30

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:29435 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5043 of 2024 Decided on: 30.08.2025 Sham Lal … Petitioner Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Ms. Vandana Kumari, Advocate, vice Mr. Sanjay Jaswal, Advocate. For the respondents : Mr. Sumit Sharma, Deputy Advocate General, for respondents No.1 to 5- State. Mr. Mohar Singh, Advocate, vice Mr.Sumesh Raj, Advocate, for respondents No.6 and 7. Ajay Mohan Goel, Judge (Oral) CMPs No.16924 & 16925 of 2025 In view of the averments made in the application, seeking placing on record the documents, is allowed and disposed of. CWP No.5043 of 2024 2. By way of this petition, the petitioner had approached this Court for issuance of direction to respondents No.1 to 5 to initiate proceedings against the private respondents, who had encroached upon the Government land. 3. Learned Deputy Advocate General has handed over copy 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:29435 of Instructions, received from Divisional Forest Officer, Nurpur Forest Division, Nurpur, dated 23.05.2025, which are taken on record. On the strength of these Instructions, the Court stands informed that the land which was in possession of the private respondents has been vacated by the private respondents, which was about one hectare and they have also sworn affidavits to this effect that they have vacated the encroached land. As far as the illegal built up structure in forest land is concerned, the Court stands informed that eviction proceedings have been initiated against the encroachers under the provisions of Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act,1971, by Range Officer, Nurpur, in the Court of Collector-cum-DFO, Nurpur. 4. Learned Counsel for the petitioner submits that interest of justice would be served in case the respondents are directed to ensure that the said proceedings are decided expeditiously and it is further ensured that no further encroachment is carried on any Government land by respondents No.6 and 7. Ordered accordingly. 5. This writ petition is disposed of with the direction that respondent-Authority shall assure that hereinafter, no encroachment is made upon the Government land by respondents No.6 and 7 and further the proceedings which have been initiated under the 3 2025:HHC:29435 provisions of Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act,1971, be taken to their logical conclusion as expeditiously as possible and preferably before 31.12.2025, of course in accordance with law. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 30, 2025 (Rishi)