SHER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner has his land in contiguity to the un -demarcated protected forest land. On a complaint having been instituted before the competent authority, demarcation of the land of the petitioner, in, contiguity to the un -demarcated protected forest land, was ordered. It sequelled the preparation of a demarcation report, comprised, in, Annexure P -5. A perusal of Annexure P -5, discloses the fact of the exercises undertaken by the Assistant Collector 2nd Grade, in, demarcating the boundaries of the land owned by the petitioner in contiguity to the un -demarcated protected forest land. He had elucidated in it, the fact of participation of the petitioner, as well, as of the officials of the forest department in the exercise, aforesaid. Annexure P -5 records, the concluded fact of the petitioner, to, the extent as detailed, in, Annexure P -5, having encroached upon the land owned by the Forest Department. Annexure P -5, constrained, the issuance of a valid statutory notice upon the petitioner calling upon him to vacate the encroached land owned by the Forest Department. The petitioner contested the notice comprised in Annexure P -10, issued by the competent authority. His contest failed rather, eviction notice comprised in Annexure P -13, was issued against the petitioner. In appeal, preferred by the petitioner before the Appellate Authority, the Appellate Authority i.e. Divisional Commissioner, Mandi Division, Mandi rendered the order, comprised, in, Annexure P -15, affirming the findings rendered by the Collector -cum -Divisional forest Officer, Kullu, comprised, in, Annexure P -13.

(2.) THE learned counsel for the petitioner has assailed the findings recorded in Annexure P -5, on, the score that the demarcation exercise, ascertaining or detecting the fact of, his having encroached upon the land of the Forest Department, is, wholly erroneous and unreliable, on the grounds (a) it has been carried out by an unauthorized officer; (b) its having been carried out, in, flagrant violation of the mandate enshrined in H.P. Land Records Manual, qua the manner of carrying out the demarcation of lands, where such lands are respectively owned by private individuals and are in contiguity to the lands owned by the Forest Department, in as much, as, the demarcating officer had omitted to ascertain or fix/determine the permanent points, before proceeding to carry out the demarcation of the land of the petitioner adjoining to and contiguous to the land owned by the Forest Department; and (c) Notice Annexure P -10, is flawed, in as much, as, its bearing an incomplete data, hence, in face thereof, the further proceedings initiated against the petitioner on strength thereto consequently, too, are rendered fallible.

(3.) MOREOVER , a perusal of the demarcation report, records the fact of the demarcating officer, who rendered, it, having, prior to his proceeding to measure/demarcate the boundaries of the land of the petitioner contiguous to the forest land, ascertained, as well as, established permanent points. Now given the fact that before, the demarcating officer had proceeded to carry out the demarcation of the land of the petitioner, adjoining to the land of the Forest Department, he had previously reckoned or determined the fixed/permanent points. Moreover, when the petitioner has been divulged in Annexure P -5 to be present on the spot, during the demarcation proceedings, hence, where there is no palpable and imminent protest, manifesting any illegality or impropriety on the part of the demarcating officer in carrying out the proceedings, emerging at the appropriate stage on the part of the petitioner, hence, in absence, thereof, this Court is constrained to permit the petitioner, at this belated stage, to, contest that the demarcation report is flawed, on the ground that the demarcating officer having proceeded to demarcate the land of the petitioner adjoining to the land of the Forest Department, without establishing or ascertaining the fixed points or his having committed any other patent illegality or impropriety, prohibited, by the provisions relating to demarcation, as envisaged under the Himachal Pradesh Land Records Manual.