Shimla, Himachal Pradesh: In a landmark verdict with far-reaching implications for land governance, the Himachal Pradesh High Court has struck down Section 163-A of the Himachal Pradesh Land Revenue Act, 1954, putting an end to the regularisation of encroachments on government land.
A division bench comprising Justice Vivek Thakur and Justice Bipin Chander Negi declared the provision “manifestly arbitrary and unconstitutional,” ruling that it violates Article 14 of the Constitution. With this ruling, all stays against eviction granted under the now-invalidated law stand vacated, paving the way for fresh action against encroachments.
Section 163-A: A Law for “Dishonest People”
Originally introduced in 2002 during the first tenure of then Chief Minister Prem Kumar Dhumal, Section 163-A allowed the regularisation of unauthorised occupations of up to five bighas of government land. Applicants were required to pay a nominal fee of ₹50 per bigha, based on a 1983 government notification.
The court took strong exception to the purpose and effect of the provision. In a scathing observation, the bench noted: “The impugned provision is in fact legislation for a class of dishonest persons, and equality cannot be claimed in illegality.”
Between its introduction and August 15, 2002, the state received 1,67,339 applications under the scheme. As per government records, nearly 57,549 encroachment cases were pending, covering about 1,23,835 bighas (over 10,000 hectares) of government land.
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Encroachments to Be Removed by February 2026
The Court’s ruling nullifies both Section 163-A and the rules framed under it. It has directed the state government to begin eviction proceedings “at the earliest,” setting a preferred deadline of February 28, 2026 for compliance.
The bench emphasized that laws protecting illegal occupation of public property distort the principle of equal treatment under law, penalising those who abide by legal norms while benefiting those who violate them.
State Government Told to Tighten Oversight
In addition to the quashing of the provision, the Court advised the government to consider amending laws pertaining to criminal trespass and enhancing accountability for enforcement.
Local governance bodies like the Nagar Panchayats, Nagar Parishads, and Nagar Nigams have been instructed to assume responsibility for identifying and reporting encroachments in their jurisdictions. The Advocate General has been asked to forward a copy of the judgment to the Chief Secretary to ensure immediate administrative compliance.
This ruling is expected to become a benchmark in judicial efforts to protect public land and uphold rule-based governance in land distribution.
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