Acting tough on forest land encroachments, mainly by apple growers, the Himachal Pradesh High Court has directed the state to remove all these, including by cutting power and water supplies, and to ensure that no one is allowed to enter the affected area for cultivation purposes.
It also directed the governments to use drones not only to keep vigil on encroached areas but also to detect any fresh cases.
A division bench of acting Chief Justice Sanjay Karol and Justice Tarlok Singh Chauhan passed the directions in a resumed hearing on encroachments in forests, according to the court order released to media on Friday.
The court, in its earlier order, had directed snapping of the electricity and water connections provided to all illegal structures raised by way of encroachment over the forest land in excess to 5 bighas.
It also directed to remove the encroachments, destroy the crops and plants on the encroached land and to fence the vacated land, all at the costs and expenses of the encroachers.
Listing the matter for next hearing on December 20, the court also observed it would be the personal responsibility of functionaries of the Gram Panchayat, Gram Sabha, Panchayat Samiti, Zila Parishad and the Forest, Revenue and Police Departments to ensure that the orders were complied with.
The bench directed the Principal Chief Conservator of Forests to place on record the half-yearly report submitted by forest guards with respect to the number of encroachments, and the state, the Forest Department and the Deputy Commissioners concerned to submit a report regarding recovery of undue profit made by encroachers.
It also asked the state to file status and compliance report clearly stating the action taken in ensuring compliance of all the court orders passed from time to time.
In April, the high court allowed the state to frame a policy to regularise small encroachments, mainly by growers, on government land with a rider that it did not compromise with its legality and validity.
Official sources said it came as a big relief for thousands of small growers, who have encroached upon forest and revenue land by illegally extending their orchards.
"The state may proceed with the policy but it should not be construed that we have upheld the legality and validity of the proposed policy.
"If the policy is made, its validity and legality can be tested at any time, if questioned," the court had said.
An encroachment is an encroachment and the encroachers are liable to be evicted, the high court ruled on August 6, 2015.
The Comptroller and Auditor General of India in its report tabled in the assembly in March said the state has not been able to demarcate 54 per cent of its forest area in 28 years and there are over 15,409 cases of encroachments despite high court strictures.
--IANS
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