August 6, 2025

In a landmark ruling, the Himachal Pradesh High Court has struck down Section 163-A of the Himachal Pradesh Land Revenue Act of 1954, which allowed the regularization of encroachments on government land. The division bench, comprising Justice Vivek Thakur and Justice Bipin Chander Negi, declared the section arbitrary and unconstitutional, thereby ending long-standing litigations concerning such encroachments. The court has directed the state government to urgently commence eviction proceedings against encroachments that fell under Section 163-A by February 28, 2026. This ruling addresses approximately 57,549 documented cases of encroachment spanning around 1,23,835 bighas, equivalent to about 10,320 hectares, of government land. Furthermore, under the invalidated law, over 1,67,339 applications had been submitted for regularization prior to August 15, 2002. The court emphasized the need for the government to consider amendments related to criminal trespass laws, highlighting the serious implications of encroachments on public land. Clear instructions were given to ensure that any existing stays against the removal of encroachments are lifted. The judgment mandates the amendment of relevant laws to obligate local government officials, including those from Nagar Panchayats and Nigams, to report and take action against encroachments. Historically, various governments since 1983 had issued notifications that permitted the regularization of some encroachments, providing minimal fees for small landholders. However, the court ruled that the introduction of Section 163-A in 2002, which aimed to assist small and marginal farmers, ultimately undermined the rule of law by favoring illegal actions. The court's decision reasserts constitutional principles, particularly Article 14, which ensures equal protection under the law. The justices remarked that the provision represented a legislative attempt to legitimize dishonesty rather than maintaining legal equity. The High Court has instructed the advocate general to deliver a copy of the judgment to the chief secretary of the state government and other relevant parties, demanding immediate compliance to the new directives. This ruling could potentially reshape the legislative landscape surrounding land reforms and encroachments in Himachal Pradesh, signaling a strict stance against unlawful occupation of public spaces.

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Tags: Himachal pradesh, Land encroachment, High court ruling, Section 163-a, Government land,