Payment of Property Tax does not give encroacher any Right to Squat over Forest/Municipal Land: Himachal Pradesh HC [Read Order]
![Payment of Property Tax does not give encroacher any Right to Squat over Forest/Municipal Land: Himachal Pradesh HC [Read Order]](https://www.taxscan.in/wp-content/uploads/2022/12/Payment-of-Property-Tax-Right-to-Squat-over-Forest-Municipal-Land-Himachal-Pradesh-High-Court-Taxscan.jpg "Payment of Property Tax does not give encroacher any Right to Squat over Forest/Municipal Land: Himachal Pradesh HC [Read Order]")
A Division Bench of the Himachal Pradesh High Court has recently held that, the notice of eviction served to the petitioner upon finding that he has encroached into forest land in Shimla town cannot be set aside on the sole basis of payment of property tax to the municipality. The petitioner admitted that he had encroached upon the forest land in Shimla town itself and had been served with...
A Division Bench of the Himachal Pradesh High Court has recently held that, the notice of eviction served to the petitioner upon finding that he has encroached into forest land in Shimla town cannot be set aside on the sole basis of payment of property tax to the municipality.
The petitioner admitted that he had encroached upon the forest land in Shimla town itself and had been served with a notice of eviction dated 18.11.2020.
The Court observed that, “once it is found that the petitioner is a rank – encroacher, then obviously his illegal possession cannot be permitted to be continued, that too, under the order of the court, as it is the bounden duty of the court to ensure that such wrong doer is discouraged at every stage and not permitted to prolong the litigation” and refused to serve notice on the respondents.
The Bench of Justice Tarlok Singh Chauhan and Justice Virendar Singh observed that, “the petitioner, after raising unauthorised construction, that too, by encroaching upon the forest land, cannot approach this court for protecting either his illegal occupation or his unauthorised construction.”
Vehemently criticising the actions of the petitioner Kamal Dev, the Himachal Pradesh High Court refrained from imposing exemplary costs for the frivolous attempt to quash the notice of eviction as no notice was served on the respondent-state.
Several landmark Supreme Court Judgements were also referred to by the bench in dismissing the petition at the initial stage as no merit was found on the contentions of the petitioner.
“The unauthorised construction raised has not only to be demolished but even the land upon which the said construction has been raised has to be evicted and thereafter handed over to the municipal authorities.”, held the court.
To Read the full text of the Order CLICK HERE
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