Pay penalty within six weeks, encroacher told - Real Estate India

??|?? September 28, 2012 ?? 08:25am ??|Contributed by manoja

Tribune News Service

Shimla, September 27
Once the proceedings have been initiated under the HP Land Revenue Act and for that matter under any special Act, the same are required to be taken to a logical end. The parties may not be permitted to assail the orders that have been passed by the revenue court in the civil court in view of the specific ouster clause.

This was held by the state high court in a matter pertaining to unauthorised encroachment by Pyare Lal of Shimla on government land.

The court has set an example for other encroachers and dealt the encroacher on government land with a heavy hand and directed him to pay Rs 5 lakh as mesne profits and exemplary/penal costs to the state government within six weeks.

While passing this order, Justice Rajiv Sharma observed that in case the amount was not deposited, the Deputy Commissioner, Shimla, was to recover the same by way of arrears of land revenue.

The court directed all revenue officers in the state that while passing the orders of eviction, they must take steps for neutralising interim orders by awarding compensation, mesne profits and exemplary/penal costs.

It further directed them to send a copy of the judgment to the Financial Commissioner-cum-Secretary (Revenue), HP, for its due compliance.

This order came on a appeal filed by Pyare Lal of Rohroo, Shimla, against the state government claiming to be owner of the land by way of adverse possession.

He claimed that he was in possession of land since the time of his ancestors and had also raised an apple orchard on the suit land.

The state government contended that on receipt of information that he had encroached upon the suit land, the Assistant Collector (first grade) proceeded with under Section 163 of the HP Land Revenue Act and found that the encroachment was fresh and no title by way of adverse possession had been acquired by Pyare Lal.

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