Himachal High Court orders strict measures against highway encroachments

The Himachal Pradesh High Court recently wrapped up a pivotal public interest litigation (PIL) addressing unauthorized encroachments along National Highway-5, which had been disrupting traffic and posing safety risks. Initiated by the Court following media reports of illegal structures, the PIL aimed to keep the highway clear for public safety and accessibility. Key respondents included government departments, local authorities, and individuals linked to these encroachments.

Throughout the proceedings, the Shimla Municipal Corporation and the Town & Country Planning Department submitted reports on numerous unauthorized constructions in areas like Shimla, Solan, Barog, Kasauli, and Jabli. Actions against violators included issuing notices for cutting off water and electricity services, demolition orders, and, where legally possible, regularizing structures. By the end of the case, most reported encroachments were cleared, with remaining issues resolved in line with the law.

The Court mandated continuous monitoring from departments such as Public Works, Revenue, and Town & Country Planning to prevent future encroachments along the highway. Officials were directed to report any new unauthorized construction immediately, with strict consequences, including contempt charges and departmental actions, for non-compliance. Additionally, the Chief Secretary was ordered to distribute these guidelines to all local bodies, establishing a state-wide protocol for swift action against encroachments on public land.

The Court also acknowledged the invaluable assistance of Senior Advocate J.L. Bhardwaj, who served as amicus curiae, aiding in the efficient and just resolution of the case.