The Uttarakhand High Court has issued a significant directive to the state government, mandating the demarcation of all encroached land and the creation of a dedicated application and portal linked to the registration department. This move aims to bring transparency and systematic action in the ongoing drive against illegal encroachments across the state.
Court's Directives on Encroachment Removal Process
A division bench comprising Chief Justice G Narendar and Justice Subhash Upadhyay gave these orders while hearing a suo moto public interest litigation (PIL) concerning illegal occupations on forest land, state and national highways, and revenue land. The bench emphasized that "concerned parties should be given adequate opportunity to be heard" before any removal action is taken. The court has scheduled the next hearing in this matter for December 30.
This hearing followed up on an earlier order where the court had instructed the formation of district-level committees to identify encroachments and ensure the right to a hearing for the encroachers. During the proceedings, amicus curiae Dushyant Mainali informed the court that in several instances, the administration or forest department was demolishing structures without prior notice, which directly violates the Supreme Court's established guidelines on the matter.
Government's Action Plan and Scope of PIL
Appearing virtually before the court, Chief Secretary Anand Bardhan stated that the government is actively engaged in land demarcation exercises. He explained that a department-wise mapping is being conducted to clearly ascertain which department the encroached land belongs to and, consequently, which department is responsible for taking action.
The PIL originated from a letter sent to the Chief Justice earlier this year by Prabhat Gandhi, a Delhi resident. Gandhi's letter alleged that encroachments on forest land and along roadsides in Padampuri, Nainital, were occurring with the connivance of local officials, causing difficulties for the public. The court treated this letter as a PIL and subsequently expanded its scope.
State-Wide Removal Orders and Reporting
In a broad directive, the court has ordered all District Magistrates and Divisional Forest Officers across Uttarakhand to remove encroachments from national highways, state highways, forest land, and revenue land. The officials have been directed to submit detailed reports on the actions taken. This order underscores the court's intent to ensure a uniform and comprehensive approach to tackling the pervasive issue of illegal land occupation throughout the state.
The court's insistence on creating a technological solution—an app and portal—linked to the registration department is seen as a step to prevent future illegal transactions and bring all land records into a transparent, accessible system. This integrated approach, coupled with strict adherence to the principle of hearing affected parties, aims to balance effective enforcement with procedural justice.
