NISHANT MAHAJAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In proceedings initiated under the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971 (in short the Act), Collector, Forest Division Kullu concluded that concerned Block Development Officer, Naggar and Pradhan, Gram Panchayat Nasogi were in unauthorised occupation of forest land; They had encroached forest land in Khasra No. 1328 of Manali III total measuring 0/68/56 Hac. by breaking this forest land for construction of a cemented road and consequently passed the eviction order on 22/8/2022. Petitioners, third parties to the said litigation, who had enjoyed the road for certain duration feel aggrieved against this order.

(2.) From the pleadings of the parties following facts emerge:-

(3.) Learned counsel for the parties have made submissions on the following broad points:-