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Himachal HC Declares Encroachment Law Unconstitutional

Why in the News ?

The Himachal High Court struck down Section 163-A of the HP Land Revenue Act, 1954, calling it unconstitutional for enabling the regularisation of encroachments. The HP High Court directed the government to initiate eviction proceedings by February 28, 2026.

High Court Verdict and Legal Reasoning:

  • The division bench of the HP High Court comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi ruled that Section 163-A was arbitrary and unconstitutional.
  • The provision, introduced in 2002, allowed regularisation of encroachments by small and marginal farmers and traditional forest dwellers.
  • The court said the land regularisation policy legitimises actions of a “class of dishonest persons”, violating Article 14 of the Constitution.
  • All rules framed under this section were also quashed.
  • The Himachal High Court directed the state government to start eviction proceedings against all such encroachments by Feb 28, 2026.

Background, Political Reactions, and Implementation Issues

  • Since 1983, the state allowed regularisation of encroachments, with penalties based on land area.
  • Former BJP minister Sukhram Chaudhary blamed the Congress-led government for weak legal representation in the HP High Court.
  • He argued the land regularisation policy was intended to support poor farmers and prevent misuse of government land.
  • Earlier cut-off dates for regularisation ranged between 1970 and 1982, with nominal penalties for small landholders and traditional forest dwellers.
  • The court also advised reconsideration of laws relating to criminal trespass.
  • There is speculation about a potential supreme court appeal by affected parties or the state government.
About Article 14 of the Constitution :
About Article 14 of the Constitution :
● Article 14 of the Constitution guarantees equality before law; arbitrary classification violates this principle.
● Encroachments on public land fall under civil and criminal liabilities.
● Section 163-A of HP Land Revenue Act, 1954, was inserted to regularise land encroachments.
● Judicial review is a key feature of constitutional governance, allowing courts to strike down unlawful legislation.
● Eviction proceedings are governed by state land laws and require due legal process.