Major Ruling: Himachal to Be Freed of Illegal Encroachments by February 28, 2026 – 23-Year-Old Land Policy Quashed

Shimla, August 5:
In a landmark decision, the Himachal Pradesh High Court has struck down the 23-year-old government policy allowing the regularisation of up to five bighas of encroached land. The court has also directed the state government to remove all illegal encroachments from government land by February 28, 2026.

A division bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi passed the judgment, effectively invalidating the controversial Section 163-A of the Himachal Pradesh Land Revenue Act—added by a previous BJP government to enable land regularisation for encroachers.

Under the now-nullified policy, more than 1.65 lakh individuals had applied to have illegally occupied land regularised, with eligibility extended up to 20 bighas in some cases. The stated objective was to benefit economically weaker residents, but the High Court found the policy to be arbitrary and unconstitutional.

The court had reserved its verdict on January 8 this year following a petition filed by Poonam Gupta, who challenged the legality of the regularisation scheme. Earlier in August 2002, a division bench had permitted the processing of such applications but had stayed the actual allotment of land. During hearings, the Central Government also submitted that a state government cannot formulate such a policy.

Section 163-A Declared Unconstitutional

The bench ruled that Section 163-A of the Himachal Pradesh Land Revenue Act was in clear violation of constitutional principles and amounted to arbitrary use of legislative powers. As a result, the section and all rules framed under it have been struck down.

The court observed that the provision effectively gave the government powers it did not originally possess—to regularise encroachments on public land—and this went beyond the permissible scope of the original law.

Call for Criminal Law Amendments

Recognising the scale of encroachments across the state, the court recommended that the government consider amending criminal trespass laws, bringing them in line with models implemented in Uttar Pradesh, Karnataka, and Odisha to curb such illegal occupation.

Strong Action Against Complicit Officials

The court directed the Advocate General to immediately circulate the order to the Chief Secretary and all concerned authorities for enforcement. It also instructed the government to take disciplinary and legal action against revenue officials who allowed encroachments in their jurisdictions. The court criticized the lack of accountability, noting that large-scale encroachments could not have occurred overnight and were enabled by administrative failure and complicity.

Next Steps and Possible Impact

Advocate General Anup Rattan called the ruling “extremely significant,” confirming that a copy of the decision is being sent to the Chief Secretary for further action. The government is expected to conduct a detailed review before deciding on next steps.

This decision marks a major development in land governance and judicial oversight in Himachal Pradesh. Its impact is likely to extend beyond encroachments, potentially influencing panchayat elections, state land policies, and broader debates on land rights and illegal occupation.