Keshav Ram vs. State of H.P. CWP No. 58 of 2018 28.05.2025 Present: Mr. C.S. Thakur, Advocate, for the petitioner. Ms. Seema Sharma, Deputy Advocate General, for the respondents/State. Compliance affidavit, in terms of judgment dated 21.10.2024 passed in this matter, has been filed by the Divisional Forest Officer, Kullu, Forest Division, Kullu H.P., informing the compliance of directions passed by the Court in aforesaid judgment. Documents to substantiate the averments made in affidavit along with Videography on the Pen-drive/CD have also been placed on record. It is claim of respondents/State that order passed by Court stands complied with. Treating the information, placed on record on affidavit and documents appended therewith, to be true and genuine, present matter is closed with direction to the concerned Officers and Officials of the Revenue and Forest Department that they shall ensure that there is no fresh encroachment on the Government/Forest land in future by petitioner(s) and any other person. It is made clear that if the affidavit placed on record along with documents thereto is found to be false, then appropriate action in law shall be initiated against the erring official. Petitioner(s) shall not be allowed to regain their unauthorized occupation/possession on any portion of Government/Forest land. Concerned field official/officer in performing their duty, shall ensure steps to protect the Government/Forest land from any type of encroachment. On detecting encroachment on Government land, they (field staff) shall report the same to the next Higher Authority/Officer, who, in turn, shall ensure taking of immediate action for removal of such encroachment. In case of dereliction of duty, Field Staff/concerned Higher Authority, as the case may be, shall be liable to face, apart from contempt proceedings, the criminal as well as departmental proceedings after immediate suspension on finding unreported/overlooked encroachment/re- encroachment on the Government/Forest land. Departmental proceedings, in such a case, shall be initiated for removal/dismissal from service. It is also relevant to record that it has been stated in the compliance affidavit as under:- “That in compliance to para-9 of the order ibid, some other encroachment(s) on the Government/Forest land made by Sh.Gupt Ram s/o Sh.Aelu Ram r/o Vashishat, Sh. Ringzin Namyal, s/o Sh.Urgyan Chaspel r/o Kanchanikot, Sh.Sanjeev Sharma s/o Sh.Sharman, r/o Vashisht, Balkrishan s/o Sobha Ram r/o Vashisht, Gupt Ram s/o Bhagat Ram, r/o Vashisht, Sh.Anil s/o Sh. Dorje Anand r/o Vashisht, Smt. Shivani d/o Sh.Tot Ram and Sh. Lalit s/o Sh. Tot Ram r/o Vashisht, Sh.Raju s/o Sh.Lubad Ram r/o Vashisht, Sh.Man Chand s/o Sh.Moti Ram, Sh. Tot Ram s/o Moti Ram r/o Vashisht, Sh. Kabir Sharman s/o Sh. Sharman r/o Vashisht by constructing tin shed or lantered Houses/commercial shops have been detected by revenue authorities on the spot during demarcation/identification of the land. In this regard Tehsildar Manali has reported that individual missals will be prepared and submitted to Forest Department for further necessary action under the provisions of Rules. As and when these missals are received in this office, appropriate action in accordance with law will be initiated in time bound manner” D.F.O/Tehsildar, Assistant Collector are directed to ensure completion of eviction process in terms of directions issued by the Supreme Court vide order dated 28.11.2024, passed in Civil Appeal No. 13362 of 2024, titled as Babu Ram vs. State of Himachal Pradesh and by this Court as well as instructions communicated and circulated by the Additional Chief Secretary Revenue/Forest in terms of judgment dated 08.01.2025 passed in CWPIL NO.17 of 2014 and CWPIL No. 9 of 2015 title Court On Its Own Motion vs. State of H.P. and others alongwith connected matter, failing which, compliance shall invite adverse action. Chief Secretary to the Government of Himachal Pradesh is directed to circulate appropriate instructions/ directions in this regard. Learned Additional Advocate General is directed to transmit copy of this order to the Chief Secretary to the Government of Himachal Pradesh/Authority concerned. (Vivek Singh Thakur) Judge (Bipin C. Negi) Judge May 28, 2025 tarun