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Judgment
Having received unanimous complaint, alleging therein that certain individuals have encroached upon the land of Judiciary at Rampur Bushehr, in
connivance with Judicial Officer, this Court, while registering the instant case as Public Interest Litigation, also directed Registrar(Vigilance) of this
Court to get the matter inquired/verified inasmuch as role, if any, played by Judicial Officer to benefit the individuals, who allegedly encroached
upon the land of Judiciary at Rampur Bushehr. Complainant alleged that since Sub Judge posted at Rampur Bushehr is a resident of State of
Haryana, he has helped the encroacher, who also belongs to Haryana, in getting the land of judiciary encroached at Rampur Bushehr.
Taking note of seriousness of allegations levelled by the complainant, this Court directed the respondent- State to file response or have
instructions in the matter.
Deputy Commissioner, Shimla, in compliance of directions issued by this Court, directed Sub Divisional Officer(C), Rampur, Tehsil Rampur, to
inquire the matter and send the report. As per report submitted by Sub Divisional Officer(C), Rampur, Tehsildar, Rampur had given demarcation
in respect of Khasra No.762/29, area measuring 1332-20 Sq. Decimeter, Khasra No.30, area measuring 444-79 Sq. Decimeter, Khasra No.51,
area measuring 57-75 Sq. Decimeter and Khasra No.53, area measuring 2088-64 Sq. Decimeter, situated at Mohal Kasba Bazar Rampur-1 on
14.09.2016, in compliance of the directions issued by learned Civil Judge(Sr.Division), Rampur vide order dated 31.08.2016. During demarcation
it was found that Shri Kanhiya Lal, Bhagat Ram and Selection Furniture have encroached upon Khasra No.30, which is in the ownership of
Government of Himachal Pradesh and possession thereof is in the name of Judiciary of Himachal Pradesh, by constructing path and pucca retaining
wall.
As per the report of the Assistant Collector 2nd Grade Rampur, the demarcation of Khasra No.762/29 was also given and both the parties
were satisfied with the alleged demarcation. After having noticed the encroachment made by the persons named above, proceedings under the
H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971, came to be initiated against the encroachers vide case Nos.22/10, 23/10
and 24/10, which are pending in the Court of Sub Divisional Magistrate, Rampur Bushehr, District Shimla. Another person; namely; Suresh Bansal
has also encroached upon Khasra No.45/2, measuring 44.500 Sq. Decimeters, which belongs to the Municipal Council, Rampur by constructing a
house there upon and Khasra No.762/29/2 & Khasra No.2, Kita 2 area measuring 148.50 sq.decimeter belonging to Judiciary by constructing
stairs and laying sewerage pipes upon the said Khasra Numbers.
Deputy Commissioner, on the basis of report submitted to him has categorically stated that no encroachment upon Khasra Nos.51 and 53
belonging to Judiciary has been found during the demarcation conducted by the Assistant Collector 2nd Grade, Rampur. One pucca retaining wall
has also been constructed by the Municipal Council, Rampur on the land in question. So far as encroachment made on Khasra No.604/47,
situated at Lahasa, under the alleged unauthorized possession is concerned, the same stands already removed, as has been reported by the learned
District & Sessions Judge, Kinnaur, Civil & Sessions Division at Rampur Bushehr, H.P.
Executive Officer, Municipal Council, Rampur has also stated that pucca retaining wall was found to have been constructed by Municipal
Council, Rampur during the pendency of these proceedings on the aforementioned land. As per site plan, there is an approach from NH-05,
Rampur- Kinnaur to the official residence of Civil Judge (Senior Division)-cum-ACJM, Rampur through Khasra Nos.29, 30 and 52. A pucca
retaining wall has been constructed by Municipal Council, Rampur Bushehr to prevent damage to aforesaid approach as there was regular land
slide on the aforesaid approach. The purpose of constructing the retaining wall is/was to save the approach to the residence of learned ACJM,
which was repeatedly getting damaged due to regular land slides every year during rainy season. Affidavit further reveals that approach made to his
house/shop constructed by Suresh Bansal by putting steel stairs from the aforesaid approach to the residence of learned ACJM, has been
demolished. Similarly, Shri Kanihiya Lal, Bhagat Ram has also removed encroachment made by him on the land of Judiciary as well as State of
Himachal Pradesh.
Report submitted by learned District & Sessions Judge, Kinnaur Civil and Sessions Division at Rampur Bushehr, HP, also suggests that certain
portion of land entered in the name of the Judicial Department was encroached by certain individuals and in this regard proceedings under Section
163 of H.P. Land Revenue Act had been initiated against them in the year 2010, but now it has been informed that proceedings against the
encroachers shall be conducted under the provisions of H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971.
After having carefully perused the aforesaid affidavits as well as report submitted by learned District & Sessions Judge, Rampur Bushehr, there
appears to be no force in the allegations of complainant that Judicial Officer connived with certain encroachers to give them benefit, rather it is quiet
apparent from the record that encroachments were made in the year 2010 i.e. seven years back when this officer was not even posted there and in
this regard matter was taken up with the authorities concerned for initiating appropriate proceedings against them. We are shocked to note that
authorities responsible for taking unauthorised encroachment over the Government land slept over the matter for a considerable time and after a
lapse of seven years decided to initiate proceedings under the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971 that too
after the intervention of this Court.
Consequently, in view of explanation/report rendered on record by Deputy Commissioner and report submitted by District & Sessions Judge,
Civil & Sessions Division, Kinnaur at Rampur Bushehr, there is no occasion for us to keep the present petition alive and as such the same is closed
with the following directions:-
(i) Proceedings initiated under the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971 shall be completed by the authorities
concerned within a period of six months after having afforded due opportunity to the parties concerned.
(ii) Deputy Commissioner, Shimla is further directed to fix some time line for deciding the cases of encroachment so that matters are not
unnecessarily delayed for one reason or the other.
This Court hopes and trusts that necessary action with regard to compliance of aforesaid directions shall be taken by the Deputy
Commissioner, Shimla with utmost promptitude so that land unauthorizedly occupied by encroachers is vacated without any delay.
We also wish to place on record appreciation qua the efforts put in by Ms.Shikha Chauhan, Advocate, Amicus Curiae, who, on the
instructions of this Court, contacted letter petitioner and obtained necessary feed back.
Registry is directed to send a copy of this judgment to the Deputy Commissioner, Shimla, District & Sessions Judge, Civil & Sessions Division,
Kinnaur at Rampur Bushehr for necessary action as well as to the letter petitioner to enable him to take follow up action with the concerned
authorities.