Himachal Pradesh High Court strikes down Section 163-A of the HP Land Revenue Act 1954, declaring it unconstitutional and ending the regularisation of encroachments on government land across the state.
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SHIMLA: In a landmark judgment, the Himachal Pradesh High Court on Tuesday struck down Section 163-A of the Himachal Pradesh Land Revenue Act, 1954, which permitted the regularisation of encroachments on government land.
A division bench comprising Justice Vivek Thakur and Justice Bipin Chander Negi ruled that the provision was “manifestly arbitrary and unconstitutional”, thereby quashing both the section and the rules framed under it.
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What was Section 163-A?
Section 163-A was introduced in 2002 during the first tenure of then Chief Minister Prem Kumar Dhumal. The provision allowed regularisation of encroachments on government land, with the stated aim of helping small and marginal farmers. The law legitimised occupations by imposing a nominal fee of RS 50 per bigha, as per a 1983 notification, for up to five bighas of land.
Over the years, 1,67,339 applications were submitted under this scheme until August 15, 2002. The state government reported approximately 57,549 cases of encroachment, covering nearly 1,23,835 bighas (10,320 hectares) of government land.
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The Court’s Observations
The High Court termed the provision as an attempt to legitimise illegal acts and held that:
“The impugned provision is in fact legislation for a class of dishonest persons and equality cannot be claimed in illegality.”
The court stated that Section 163-A violated Article 14 of the Constitution, which guarantees equality before the law. By providing special treatment to encroachers, the law discriminated against law-abiding citizens, making it manifestly arbitrary.
All stays granted against the removal of encroachments now stand vacated, and the Himachal Pradesh High Court has directed the state government to initiate eviction proceedings at the earliest, preferably by February 28, 2026.
Additionally, the court advised the government to consider amending laws related to “criminal trespass” and to assign clear accountability to local bodies, including Nagar Panchayats, Nagar Parishads, and Nagar Nigams, for reporting encroachments and ensuring timely removal.
The Advocate General has also been instructed to forward a copy of the judgment to the Chief Secretary for immediate compliance.
Appearance:
For the petitioners: Mr. Surinder Sharma, Advocate.
For the respondents:
Mr. Anup Rattan, Advocate General, with Mr. Varun Chandel, Additional Advocate General, and Ms. Seema Sharma, Deputy Advocate General for respondents No. 1 & 2/State.
Mr. Balram Sharma, Deputy Solicitor General of India, [Senior Advocate] with Mr. Rajiv Sharma, Advocate for respondent No.3.
Mr. B.N. Misra, Sr. Advocate, with Ms. Vandana Misra, Advocate, for the remaining respondents.
Bench:
Hon’ble Mr. Justice Vivek Singh Thakur
Hon’ble Mr. Justice Bipin Chander Negi
Case Title:
Punam Gupta and another Versus State of H.P. and others
CWP No. 1028 of 2002
READ JUDGMENT HERE
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