Himachal HC directs security chief to ensure no encroachment on government land, highways

SHIMLA: The Himachal Pradesh High Court has directed Chief Secretary Prabodhu Saxena to issue appropriate directions to all concerned officials to ensure that there is no unauthorized construction or encroachment on state land on or along national highways, state highways, county roads or other local roads.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Rakesh Kaintla issued these directions while hearing a petition relating to encroachments on national highway No. 5 (Shimla-Kalka), passing through Shimla and Solan districts. The court, in its order released on Saturday, noted that almost all the encroachments for which the present petition was registered and which were discovered thereafter have been removed and some arbitrary construction cases where it is permitted by law have been compiled.
But the judicial commission has made it clear that the officials must also ensure that there is no re-emergence or reconstruction of an unauthorized construction or encroachment on government land on or along a national highway that has already been removed.
“In case of dereliction of duty, in addition to contempt proceedings, the officers/officials concerned responsible for not reporting or neglecting the matter reported shall also be subject to departmental proceedings, including suspension/dismissal from service, and criminal proceedings under rights,” the division emphasized.
The court also ordered that the encroachment cases listed in the town planning department should be completed through logical completion at the earliest and not later than March 31 next year.
Authorities have informed the divisional commission that 13 cases of new unauthorized construction have been detected along the Shimla-Kalka National Highway, against which action has been initiated by the town planning department in Solan. Similarly, 14 cases of unauthorized construction were detected by Special Area Development Authority (SADA) Barog in Solana, 11 such cases in SADA Jabli in Solana and one such case in Kasauli planning area where actions are being taken including issuing notice to disconnect water and electricity meters .