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Ensure officials’ training dealing with encroachment: Himachal HC to CS
The directives were issued by high court bench comprising of justice Vivek Singh Thakur and justice Bipin C Negi while disposing of two petitions regarding encroachment upon forest land by large number of villagers by planting or sowing apple plants, potatoes, peas and raising construction
Pointing towards the lack of training of officials in dealing with cases of encroachments and unauthorised occupation of government land, Himachal Pradesh high court (HC) has directed the state chief secretary (CS) to ensure at least five days of training of officials, including divisional forest officers, assistant conservators of forests, divisional commissioners or other officers, at the state’s Judicial Academy.
The directives were issued by high court bench comprising of justice Vivek Singh Thakur and justice Bipin C Negi while disposing of two petitions regarding encroachment upon forest land by large number of villagers by planting or sowing apple plants, potatoes, peas and raising construction. The petition pointed out inaction on the part of departmental officers, who were expressing their inability to take action. The detailed judgement was made available now.
“It has also been noticed that most of the officers, posted and appointed divisional commissioners and authorised to hear appeals, revisions against the orders passed by the collector under PP Act are also mostly lacking legal acumen in conducting proceeding and passing appropriate orders in revision petitions,” observed the court in its order dated January 8.
“In large number of cases, it has been noticed that they are lacking knowledge, skill and expertise with respect to contents, logic and legal acumen in issuing notification under Section 4 of the Act, conducting proceedings and writing daily orders in proceedings as well as final order of eviction under the Act. Such shortcoming is not only causing miscarriage of justice, but also loss to the public exchequer and of energy, time and resources of the state and courts, and also leading to continuation of unauthorised occupation/encroachment upon the forest or government land,” observed the HC.
“Such training be made compulsory to all officers holding or likely to hold such post, assigned duty under PP Act and HPLR Act,” ruled the court while directing the CS to ensure “appropriate decision/instructions for imparting training” on or before February 28.
Strict accountability mandated
The directives also mandates strict accountability for government officials. “Officials concerned shall ensure steps to protect the government or 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 or officer, who, in turn, shall ensure taking of immediate action for removal of such encroachment,” read the order, while clarifying that encroachers shall not be allowed to regain their unauthorised occupation or possession on any portion of government or forest land.
“In case of dereliction of duty, field staff concerned or 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 or re-encroachment on the government or forest land. Departmental proceedings, in such a case, shall be initiated for removal/dismissal from service,” read the order.
To ensure compliance with these directives, the court directed the CS to issue instructions to all departments, including home, revenue, forest, panchayati raj, jal shakti vibhag, public works and the director general of police, by February 28. A compliance report is to be filed by March 15 and the matter will be listed for consideration on March 26.
