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The Print
6 days ago
- Politics
- The Print
Himachal HC quashes Section 163-A of state's Land Revenue Act
Putting an end to long litigation, the judgment directed the state government to initiate eviction proceedings expeditiously against all such encroachments that were to be covered under the section 163A, preferably on or before February 28, 2026. A division bench of the High Court consisting of Justice Vivek Thakur and Justice Bipin Chander Negi ruled that the 'Section 163-A of HP Land Revenue Act is manifestly arbitrary and unconstitutional and as a consequence the section and the rules framed there under the said section are quashed'. Shimla, Aug 5 (PTI) In a major setback to encroachers on government lands, the Himachal Pradesh High Court on Tuesday struck down the section 163-A of Himachal Pradesh Land Revenue Act 1954, allowing regularisation of encroachments on government lands, terming the section as unconstitutional. The dimensions of the encroachments can be measured from the reply of the government which said that there were approximately 57,549 cases of encroachment covering an area of about 1,23,835 bighas of government land. The encroached government land is about 10,320 hectares and in terms of the rules framed under the impugned provision, 1,67,339 applications were received for regularisation up to August 15, 2002 and taking into account the magnitude of encroachments, the high court directed the state government to consider an amendment in the law pertaining to 'criminal trespass'. The high court clearly stated that any stay granted against removal of encroachment shall stand vacated and also directed the government to make suitable changes in law by amending the relevant Act and rules appropriately to assign duty on the office bearers of Nagar Panchayat, Nagar Parishad and Nagar Nigam as well as executive officer(s)/commissioner(s) concerned to report the encroachment for taking action to remove of encroachment. The HC also instructed the advocate general to transmit the copy of the judgment to the chief secretary of the sate government and all concerned with immediate compliance. Since 1983, successive governments issued various notifications for regularisation of encroachments and the July 4, 1983 notification permitted regularisation up to five bighas on a nominal fee of Rs 50 per bigha. Section 163-A was introduced in 2002 during the first tenure of the then chief minister Prem Kumar Dhumal to frame rules for regularising encroachments, with the stated objective of helping small and marginal farmers. However, the High Court on Tuesday ruled that the provision was violative of Article 14 of the Constitution, which guarantees equality before law and attempted to legitimise illegal acts. 'The impugned provision is in fact legislation for a class of dishonest persons and equality cannot be claimed in illegality,' the judgment said. PTI BPL MNK MNK MNK This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
Time of India
6 days ago
- Politics
- Time of India
‘Unconstitutional': Himachal high court strikes down clause regularising govt land encroachments
Shimla: In a ruling with wide ramifications, the Himachal Pradesh high court on Tuesday struck down Section 163-A of the Himachal Pradesh Land Revenue Act, 1952, which allowed the state govt to frame rules for regularisation of encroachments on govt land, calling it "manifestly arbitrary and unconstitutional". A division bench of Justice Vivek Singh Thakur and Justice Bipin Chander Negi observed that by "condoning the illegal acts of the violators," the state was treating "lawbreakers equal to those persons who abide by the law". Section 163-A was added to the Act in 2002 during the Prem Kumar Dhumal-led BJP govt's tenure. The court directed the state govt to remove all encroachments by Feb 28, 2026, and to initiate suitable proceedings against the encroachers. The bench noted that there are approximately 57,549 cases of land encroachment across the state, covering an area of around 10,320 hectares (1.23 lakh bighas). The court also vacated any existing stays on the removal of these encroachments. Disposing of a petition filed by one Punam Gupta and others in 2002, the court directed the state govt to take action against the revenue authorities in whose jurisdiction land has been permitted to be encroached upon. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like The Most Beautiful Female Athletes Right Now Undo "It promotes dishonesty and encourages violation of law. Significantly, no action stands taken against the erring officials, who, in connivance, allowed such encroachments to happen throughout the state. It is not that thousands of encroachments came up overnight. The officials failed to discharge their duties. The functionaries adopted an ostrich-like attitude and approach," observed the bench. Taking into account the magnitude of encroachments on govt land, the court directed that the state govt should consider an amendment in the law pertaining to "criminal trespass" by bringing it in consonance with the amendments made in Uttar Pradesh, Karnataka, and Orissa. The state govt was also directed to make changes in the law to make municipal office bearers, as well as executive officer or commissioner, accountable to report encroachments and take action for their removal, or face consequences for violation of duty. 'Adverse possession law not applicable to govt land' The high court also reminded the state govt of a Supreme Court judgment in "State of Haryana vs Mukesh Kumar," urging it to consider removing a provision from Section 163 of the HP Land Revenue Act. This provision had allowed encroachers to claim title to govt land through the law of adverse possession. The bench clarified that adverse possession pleas would not be available in cases where land has been acquired for a public purpose. In such instances, the encroacher will not only face removal but also be liable to pay use and occupation charges, as well as for any benefits derived from the property. BOX 'Sec 163-A amendment violates edifice of law' The division bench held, "If the impugned provision (Section 163 A) is permitted to remain in the statute, it would defeat the very purpose for which the statute was created." The court observed that in the Act, there exists Section 163, whereby a detailed mechanism has been provided for the removal of encroachment from govt land. But the amendment in the Act by adding Section 163-A violates the very edifice of the principal statute and allows the regularisation of the encroachment. "It is destructive of the aim and object of the parent statute; it defeats its laudable object; it defies the constitutional provisions; it is demonstratively and excessively contradictory and mutually destructive," said the bench. MSID:: 123119798 413 |
Hindustan Times
6 days ago
- Politics
- Hindustan Times
Himachal HC quashes Section 163-A of state's Land Revenue Act
Shimla, In a major setback to encroachers on government lands, the Himachal Pradesh High Court on Tuesday struck down the section 163-A of Himachal Pradesh Land Revenue Act 1954, allowing regularisation of encroachments on government lands, terming the section as unconstitutional. Himachal HC quashes Section 163-A of state's Land Revenue Act A division bench of the High Court consisting of Justice Vivek Thakur and Justice Bipin Chander Negi ruled that the "Section 163-A of HP Land Revenue Act is manifestly arbitrary and unconstitutional and as a consequence the section and the rules framed there under the said section are quashed". Putting an end to long litigation, the judgment directed the state government to initiate eviction proceedings expeditiously against all such encroachments that were to be covered under the section 163A, preferably on or before February 28, 2026. The dimensions of the encroachments can be measured from the reply of the government which said that there were approximately 57,549 cases of encroachment covering an area of about 1,23,835 bighas of government land. The encroached government land is about 10,320 hectares and in terms of the rules framed under the impugned provision, 1,67,339 applications were received for regularisation up to August 15, 2002 and taking into account the magnitude of encroachments, the high court directed the state government to consider an amendment in the law pertaining to "criminal trespass". The high court clearly stated that any stay granted against removal of encroachment shall stand vacated and also directed the government to make suitable changes in law by amending the relevant Act and rules appropriately to assign duty on the office bearers of Nagar Panchayat, Nagar Parishad and Nagar Nigam as well as executive officer/commissioner concerned to report the encroachment for taking action to remove of encroachment. The HC also instructed the advocate general to transmit the copy of the judgment to the chief secretary of the sate government and all concerned with immediate compliance. Since 1983, successive governments issued various notifications for regularisation of encroachments and the July 4, 1983 notification permitted regularisation up to five bighas on a nominal fee of ₹50 per bigha. Section 163-A was introduced in 2002 during the first tenure of the then chief minister Prem Kumar Dhumal to frame rules for regularising encroachments, with the stated objective of helping small and marginal farmers. However, the High Court on Tuesday ruled that the provision was violative of Article 14 of the Constitution, which guarantees equality before law and attempted to legitimise illegal acts. "The impugned provision is in fact legislation for a class of dishonest persons and equality cannot be claimed in illegality," the judgment said. This article was generated from an automated news agency feed without modifications to text.
News18
6 days ago
- Politics
- News18
Himachal HC quashes Section 163-A of states Land Revenue Act
Last Updated: Shimla, Aug 5 (PTI) In a major setback to encroachers on government lands, the Himachal Pradesh High Court on Tuesday struck down the section 163-A of Himachal Pradesh Land Revenue Act 1954, allowing regularisation of encroachments on government lands, terming the section as unconstitutional. A division bench of the High Court consisting of Justice Vivek Thakur and Justice Bipin Chander Negi ruled that the 'Section 163-A of HP Land Revenue Act is manifestly arbitrary and unconstitutional and as a consequence the section and the rules framed there under the said section are quashed". Putting an end to long litigation, the judgment directed the state government to initiate eviction proceedings expeditiously against all such encroachments that were to be covered under the section 163A, preferably on or before February 28, 2026. The dimensions of the encroachments can be measured from the reply of the government which said that there were approximately 57,549 cases of encroachment covering an area of about 1,23,835 bighas of government land. The encroached government land is about 10,320 hectares and in terms of the rules framed under the impugned provision, 1,67,339 applications were received for regularisation up to August 15, 2002 and taking into account the magnitude of encroachments, the high court directed the state government to consider an amendment in the law pertaining to 'criminal trespass". The HC also instructed the advocate general to transmit the copy of the judgment to the chief secretary of the sate government and all concerned with immediate compliance. Since 1983, successive governments issued various notifications for regularisation of encroachments and the July 4, 1983 notification permitted regularisation up to five bighas on a nominal fee of Rs 50 per bigha. Section 163-A was introduced in 2002 during the first tenure of the then chief minister Prem Kumar Dhumal to frame rules for regularising encroachments, with the stated objective of helping small and marginal farmers. However, the High Court on Tuesday ruled that the provision was violative of Article 14 of the Constitution, which guarantees equality before law and attempted to legitimise illegal acts. 'The impugned provision is in fact legislation for a class of dishonest persons and equality cannot be claimed in illegality," the judgment said. PTI BPL MNK MNK MNK view comments First Published: August 06, 2025, 01:15 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Hindustan Times
6 days ago
- Politics
- Hindustan Times
Himachal HC declares regularisation of encroachments unconstitutional
In a significant ruling, the high court on Tuesday declared Section 163-A of the Himachal Pradesh Land Revenue Act, 1954, which empowers the state government to frame rules for regularising encroachments on its land, unconstitutional. The high court on Tuesday declared Section 163-A of the Himachal Pradesh Land Revenue Act, 1954, which empowers the state government to frame rules for regularising encroachments on its land, unconstitutional. 'Section 163-A of HP Land Revenue Act is manifestly arbitrary and unconstitutional and as a consequence, rules framed thereunder are quashed,' the division bench of justice Vivek Singh Thakur and justice Bipin Chander Negi ruled, disposing of a petition filed in 2002. In its order, the Bench observed that the impugned provision is a 'legislation for a class of dishonest persons' which seeks to regularise all illegal encroachments, and thus, is violative of Article 14 of the Constitution. It also directed the state to initiate eviction proceedings against all such encroachments and take such proceedings to its logical end as expeditiously as possible preferably on or before February 28, 2026. The extent of the problem can be gauged by the state's reply to the court in which it said there are 57,549 cases of encroachments on government land, covering about 10,320 hectares. Besides, the state has 1,67,339 applications seeking regularisation till August 15, 2002. Taking into account the magnitude of encroachments on government land, the high court directed the state government to consider an amendment in the law pertaining to 'criminal trespass'. Since July 4, 1983, the Himachal Pradesh government has issued various notifications, allowing regularisation of encroachments on government land. The policy at that time permitted regularisation of up to five bighas at a nominal fee of ₹50 a bigha, for 5-10 bighas, a penalty of three times the market value was imposed, and for 10–20 bighas, a fine of 10 times the market value applied. Encroachments exceeding 20 bighas were subject to eviction. These guidelines were modified in 1984 and again in 1987, with the last setting August 30, 1982, as the cut-off date for regularisation of encroachments made since June 30, 1970. Section 163-A was introduced in 2002 during the first tenure of chief minister Prem Kumar Dhumal. It enabled the government to frame rules for regularising encroachments with the stated aim of helping small and marginal farmers. But the high court on Tuesday ruled that the provision violated Article 14 of the Constitution, which guarantees equality before law, and attempted to legitimise illegal acts. 'The impugned provision is in fact legislation for a class of dishonest persons. Equality cannot be claimed in illegality,' the bench stated in its judgment. The high court clarified that any stay granted against the removal of encroachment shall stand vacated. The state also directed to make suitable changes in the law by amending the relevant Act and rules appropriately to assign the duty on office-bearers of the concerned nagar panchayat, nagar parishad and nagar nigam as well as executive officer(s)/commissioner(s) to report the encroachment, to take action for its removal and regarding consequences of violation of such duty. The high court directed the advocate general to transmit the copy of the judgment to the state chief secretary and all concerned for immediate compliance, with directions to take appropriate action against the revenue authorities in whose jurisdiction land has been permitted to be encroached upon. The order comes close on heels of the directives of the high court on July 2 to cut down apple trees planted on forest land. The Himachal Pradesh government had begun acting on this directive, but former Shimla deputy mayor and environmentalist Tikender Singh Panwar filed a petition in the Supreme Court, requesting a stay on the felling of the trees. The Supreme Court has granted a stay in the matter and directed the state government that while illegal encroachments may be removed, cutting down green trees is prohibited.
