Shimla: In a significant direction, the Himachal Pradesh High Court has ordered the Chief Secretary to ensure that there is no unauthorised construction or encroachment on government land along national highways, state highways, district roads or other local roads. A division bench of Justice Vivek Singh Thakur and Justice Rakesh Kainthala passed the order while disposing of a public interest litigation (PIL) related to encroachment.
The court said that although the encroachment on National Highway-5 has been removed, strict steps should be taken to prevent any unauthorised construction or obstruction in future. The court stressed that all concerned authorities should ensure that there is no encroachment or unauthorised construction on the highways.
Clear orders to departments and local officials
The court has directed the officers of the Revenue Department, Himachal Pradesh Public Works Department (PWD), Town and Country Planning Department, Municipal Corporations, Municipal Councils, Nagar Panchayats, Panchayats, Special Area Development Committees and other local bodies to strictly comply with the order. They have been entrusted with the task of monitoring government land along the highways and immediately report any unauthorised construction or encroachment to the competent authorities.
On detection of such cases, the competent officer is required to take immediate steps to remove the encroachment. The court also directed these officers to prevent any further encroachment on government land where they have already been removed.
The High Court has warned that any failure by the officers to perform their duties in this regard will have serious consequences. Apart from facing contempt proceedings, officers found negligent in reporting or addressing unauthorised construction and encroachment may face departmental action including removal or dismissal from service. Additionally, they may face criminal proceedings in accordance with the law.
The direction underlines the court’s commitment to maintaining the integrity of public land and keeping highways and other important roads free from unauthorized constructions that may pose safety risks or impede traffic flow.
The decision places responsibility on various government departments and local authorities to maintain vigilance in safeguarding government property and keeping public roads free from obstructions.
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