Office of the Deputy Commissioner, Shimla District Shimla, H.P
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NO.SML-LB-II(W- 243/18)/2020- OQ 2- Office of the Deputy Commissioner, Shimla District Shimla, H.P. D a t e d = Shi imla I, J a n u a r y , 2021 To The Registrar General, Principal Bench, National Green Tribunal, New Delhi. Sub:- O.A No. 637/2018 titled as Sher Singh V.s G o v t . of Himachal P r a d e s h . S i r , The above c a s e i s pending adjudication before the H o n ' b l e National Green Tribunal, New D e l h i and the same has been fixed for hearing o n 14-01- 2 0 2 0 . The Hon’ble National Green Tribunal had directed t h e undersigned vide order dated 04-08-2020 t h a t further report in the matter be f u r n i s h e d before the next date. 1 . That in compliance t o t h e directions issued by the Hon’ble NGT, vide this o f f i c e letter No.SML-LB-II(W-243/18)/2020-1202 dated 13-8-2020, the Ld. Divisional Commissioner Shimla and the Sub- Divisional Officer ( C ) Kumarsain were requested 4-8- t o comply with the directions issued by the Hon’ble N a t i o n a l Green Tribunal on annexed 2020 within stipulated p e r i o d . The c o p y of letter No 1202 dated 13-8-2020 i s as Annexure R-I. t h e Sub- Divisional 2. That in compliance to t h e directions issued b y the undersigned, h a s Officer ( C ) , Kumarsain v i d e letter No. KSN- Reader / 2 0 1 9 -1 1 2 d a t e d 7-01-2020 encroachment upon t h e reported t h a t t h e eviction proceedings qua the removal of th e H.P. P u b l i c Premises above said land has b e e n initiated against Smt Banti Devi u n d e r on 03-08-2019 and Smt. Act. 1971 i n case N o . 42-II/17. The said case was decided or any part thereof Banti Devi a n d all persons i n occupation of the s a i d l a n d / p remises were ordered to b e evicted. 03-08-2019, Smt. Banti Devi filed an 3. That f e e l i n g aggrieved with t h e o r d e r dated Commissioner, Shimla and t h e L d . A p p e a l No 157-2019 before the Ld. Divisional the said appeal o n 28-9-2020. T h e Divisional Commissioner, Shimla has decided , order passed by t h e C o l l e c t o r Sub- D i v i s i o n Appellate Authority has s e t aside t h e i s Government o f H.P. t h a t the owner of t h e said l a n d Kumarsain w i t h the observation Scanned by TapScanner and possession thereon was recorded of HPP WD, hence Nagar Panchayat Narkanda has got no title or interest on the suit land. Moreover, the Ld Collector, Settlement Shimla Division Shimla-9 has also passed the order on 20-8-2019 in case No. 32/2019 titled as Smt. Banti Devi V/S State of H.P. and others in the case related to correction of revenue entry. In view of these observations, the case has been remanded back with the direction to the Collector, Sub- Division Kumarsain to decide the case afresh by ensuring joinder of necessary party(s), framing issues with respect to the defense and then passing a detailed, just and reasoned order after affording reasonable opportunity of being heard to all concerned as per law. The copy of order dated 28-9-2020 passed by the Ld. Divisional Commissioner, Shimla is annexed as Annexure- R-11. That the Collector, Sub- Division Kumarsain has been directed to take further action in the matter strictly as per the directions issued by the Ld Divisional Commissioner Shimla vide order dated 28-9-2020 passed in Appeal No 157/2019 within stipulated period. Hence, the status report is submitted for the kind perusal of the Hon’ble National Green Tribunal. Yours faithfully, Deputy Commissioner, Shimla, H.P. e? Endst. No. As above:- Dated: January, 2021 Copy forwarded to:- 1. The Ld. Divisional Commissioner, Shimla for information please. 2. The District Attorney. H.P. Govt. Legal Cell, Himachal Bhawan Sikendra Road, New Delhi. Chanakya Puri 110001 for information and he is also requested to supply the copy of the above compliance report to the concerned, Panel Advocate for NGT. The Sub-Divisional Officer (C), Kumarsain w.r.t his letter No. 112 dated 7-1-2020 tod tod with the directions to comply with the order dated 28-9-2020 passed by the Ld Divisional Commissioner Shimla in appeal No 157-2019 within stipulated period . 4. Sh. Munish Kumar (Advocate) Supreme Court of India, Panel Counsel for State of Himachal Pradesh through e-mail id i.e. manishk791(@gmail.com for information please Deputy Commissioner, Shimla, H.P. - Scanned by TapScanner Personaly : Urgent National Attention Green Tribunal Matter NO.SML-LB-1i(w-T 243 /18)/2019- Q) /202 ‘. a Ot 5 s the Deputy Commissioner, Shimla ‘strict Shimla, H.P. ; Dated — Shimla May=28t9 [3-0 2-2Q0r.0 O The Divisional Commissioner, Shimla- Division, Shimla-2 Sub:- . | O.A No. 637/2018 titled as Sher Singh Vs. Govt. of Himachal Pradesh. Sir, The Consultant (Judicial) (N.G.T.) (P.B.) through e-mail dated 10-Aug, 2020 has intimated that the above case was listed before the Hon’ble National Green Tribunal on 4-8-2020 and passed the following orders:- “]. The issue relates to alleged illegal encroachment of the Government land in forest area. On 28.09.2018, this Tribunal sought a report from the Deputy Commissioner, Shimla and the Principal | Chief Conservator of Forest, Himachal Pradesh. 2. The matter was last considered on 16.05.2019 in the light of report dated 27.12.2018 from the Deputy Commissioner, Shimla to the effect that proceedings for removal of encroachment were pending. The Tribunal directed that the pending proceedings be concluded at the earliest as encroachment of public land in forest area was involved 3. As per report dated 31.07.2020 received from Deputy Commissioner, Shimla, eviction proceedings were concluded before the 2 Sub-Divisional Officer (Civil) under the provistons of H.-P. Public Premises & Land (Eviction and Rent Recovery) Act, 1971 on 3.82019 with the following order: ‘Therefore. in exercise of the powers conferred on me by Sub- Section (1) of Section 5 of the HP Public Premises and Land (Eviction and Rent Recovery) Act. 1971, 1 hereby order the said Smt. Banti Devi wife of Sh. Keshav Ram Bhardwaj, resident of Ward No. 3, Nagar Panchayat Narkanda, Tehsil Kumarsain, District Shimla- HP. and all persons who may be in occupation of the said premises or any part thereof to vacate said premises within 30 days of the date of publication of this order and will shift all materials/fictures etc. Constructed over the land at its own cost. In the event of refusal of failure to comply with the orders with in the period referred above. The Assistant vacated from the Engineer, National Highway No. 5 ts directed to get the said premises he may approach the respondent Smt. Banti Devi. In case any assistance ts required concerned Executive Magistrate/Police for taking necessary action. A copy of this order he sent to the petitioner as well the respondent for implementation and compliance. Scanned by TapScanner a a a es . oe Jha € still pending with the Divisional] Commissione5 r. 5. In view Of the and that too in tolaiton finding that there is encroachment of public land O] Y t the Forest Conservation Act, 1980, we find it fo observe that public j HECESSAry intere St requires that the pending proceedings before the Appellate Sevines Department ap a on ee be sent fo the me Chief Secretary, lvisional Commissioner, Shimla by e-mail heiben, “pore ins “me " ee Se ae Commissioner,| Shimla e next date by e-mail at judicial- 3 [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. List again on 14.01.2021.” In this context, you are kindly requested to take further action accordingly so that the Hon’ble National Green Tribunal could be informed within the stipulated period. The copy of order dated 4-8-2020 passed by the Hon’ble National Green Tribunal in the above mentioned case is also enclosed herewith for your kind perusal and further necessary action please. Yours faithfully, Encl:- Copy of order dated 4-8-2020 ( Deptiity Commissioner, Shimla, H.P. - O6 Dated: August, 2020 € Endst. No. As above:- P20 3 ) Copy forwarded to:- Government of Himachal Pradesh for 1. The Principal Secretary ( Revenue) to the information please. Cell, Himachal Bhawan Sikendra Road, 2. The Ld. District Attorney, HP. Govt. Legal Puri 11000! for information please. New Delhi, Chanakya 4-8-2020 ms alongwith copy of order dated The Sub-Divisional Officer (C), Kumarsain ds mentioned case for information and passed by the Hon’ble NGT in the above National Green Tribunal could be apprised necessary action so that the Hon’ble accordingly.