While noting lapses by officials in dealing with cases of encroachments and unauthorized occupation of government land, the High Court of Himachal Pradesh has directed the Chief Secretary to ensure at least five days of training for such officials at the state’s Judicial Academy.

The training will focus on maintaining judicial records, issuing and serving notices, recording daily orders during proceedings, conducting proceedings, and drafting final orders effectively. The court stated, “Such training be made compulsory to all such officers who are holding or likely to hold such post, assigned duty under PP Act and/or HPLR Act.”

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A division bench of Justice Vivek Singh Thakur and Justice Bipin C. Negi further directed all departments, particularly the Revenue, Forest, and National Highway Authority of India, to prevent new encroachments on government, forest, or public land, including roads and paths. Forest Guards, patwaris, and work inspectors must report any existing or fresh encroachments to their immediate superiors, with copies sent to higher authorities. Monthly reports must also be submitted, listing encroachments or confirming none exist.

The court emphasized that panchayat officials, including secretaries, are personally responsible for reporting encroachments in their jurisdictions to the appropriate authorities and Deputy Commissioners. Additionally, the HP State Electricity Board and Jal Shakti Vibhag were instructed to deny electricity and water connections to illegal structures on government land, regardless of whether they are permanent, temporary, or simple tin structures.

The court also ordered departments, including Revenue, Forest, and Public Works, to recover losses from encroachers who benefited from cutting trees or using the land for crops or orchards. This recovery applies to all cases—past, ongoing, and future. Any unpaid amounts will be treated as land revenue arrears and recovered within a fixed timeframe.

For fruit-bearing trees on evicted government land, departments were instructed to auction the fruit if feasible. Otherwise, the fruit may be left for wildlife. The court also directed that criminal trespass cases be lodged against encroachers.

During proceedings in the matter in 2016, the High court had noted that in all 12 revenue districts of the state, a total number of 4,299 cases of revenue challans were filed. Also, 1,481 cases of encroachments of less than 10 bighas and 418 cases of encroachment of more than 10 bighas were noted in Rohru Forest Division.

It is pertinent to mention here that the high Court had received a letter dated November 26, 2014, from Krishan Chand Sarta, resident of village Jhadag, Tehsil Jubbal, District Shimla, complaining about encroachment upon forest land by a large number of villagers by “planting/sowing apple plants/potatoes, peas and raising construction thereon, with a further grievance regarding inaction on the part of Departmental Officers/Officials who were expressing their inability to take action”. The then Chief Justice had ordered to register the letter as the present petition.