Shimla, in a major shock for encroachers on government land, Himachal Pradesh High Court on Tuesday killed Section 163-A of Himachal Pradesh Land Revenue Act 1954, allowing regularization of encroachment on government land, making the section unconstitutional.
A Division Bench of the High Court met Justice Vivek Thakur and Justice Bipin Chander Negi and ruled that “Section 163-A of the HP Land Revenue Act is clearly arbitrary and unconstitutional and as a result the sections and rules have been prepared under the said section.
End of long litigation, the decision directed the state government to initiate eviction proceedings against all such encroachments, which were to be preferable or before on Section 163A on February 28, 2026.
The dimensions of encroachments can be measured from the government’s north stating that there were about 57,549 cases of encroachment, which cover the area of about 1,23,835 bighas of government land.
Encroached government land is about 10,320 hectares and in the context of the rules imposed under the provision imposed, 1,67,339 applications were received for regularization by August 15, 2002 and keeping in mind the horrors of encroachments, the High Court directed the State Government to consider a revision in the law related to “criminal satire”.
The High Court clearly stated that any migration given against the removal of encroachment would be vacated and also directed the government to amend the relevant acts and rules to report the action with the Executive Officer/Commissioner, with the amendment of the relevant acts and rules to make suitable changes on the law carrier of the Nagar Panchayat, Municipal Council and Nagar Nigam.
HC also directed the Advocate General to transmit a copy of the decision related to immediate compliance for the set government and immediate compliance for all.
Since 1983, gradual governments issued various information for regularization of encroachments and the notification of July 4, 1983 allowed regularization up to five bighas at a nominal fee. 50 per bigha.
Section 163-A was introduced to frame the rules to regularize the encroachments during the first term of the then Chief Minister Prem Kumar Dhumal in 2002, with the declared purpose to help small and marginal farmers.
However, the High Court on Tuesday ruled that this provision was a violation of Article 14 of the Constitution, which guarantees equality before law and attempts to legalize illegal acts.
The judgment stated, “The imposed provision is actually a law for a class of dishonest persons and equality cannot be claimed in illegality.”
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