Court on its own motion vs State of H.P. and Others

Deepak Gupta, Judge

We have perused the reply of the respondents. The grievance of the complainant was that the Forest Department is not taking any action against the encroachers of the forest land. In the reply, it has been stated that there were as many as 83 number of encroachments in the area. In question, in 30 cases the area was got vacated and afforestation has been done in the same. 53 cases were filed in the Court of Collector-cum-DFO, Nurpur. Out of these 53 cases, in 19 cases eviction orders have been passed and the areas got vacated.

We direct the Principal Chief Conservator of Forests to ensure that the persons are not allowed to re-encroach upon these areas and to ensure that these areas are suitably fenced so that no fresh encroachment can take place. As far as 34 cases, which are pending in the Court of Collector-cum-DFO, Nurpur are concerned, we direct that all these cases shall be disposed of as early as possible and in any event no case shall be kept pending till 31st December, 2012. It has been pointed out that some relatives of the complainant have also encroached upon forest land. It is directed that action be also taken against them, in accordance with law and it be ensured that they are evicted from the land in question. It shall also be ensured that these cases are disposed of by 31st December, 2012.

Only for the limited purpose of informing the status of the cases by the Principal Chief Conservator of Forests, the matter be listed in the Court on 11th January, 2013. Petition stands disposed of.