IMPLEMENTATION OF PROTECTIVE PROVISIONs OF CONSTITUTION IN HP
Public Employment-Part II (updated)
(Based on information obtained under Right to Information Act, 2005 and other sources)
Himachal- Short History
1. Himachal became Centrally administered Chief Commissioners Province on 14.4.1948.
2. Became Part C State on 26.01.1950 administered by Lt Governor with 36 member Legislative Assembly.
3. Became UT on 01.11.1956 under Lt Governor sans Legislative Assembly albeit with Territorial Council with limited power.
4. On 18.12.1970 the State of Himachal Pradesh Act was passed by the Parliament and new State came into being on 25.01.1971.
(https://homachal.nic.in/en-IN/post-independence-period.html)
5. Orders/instructions of the Central Government in regard to reservation in services in the matter of recruitments, including promotions, upto 25.01.1971 were applicable in HP. Subsequently the State Government decided that the orders/instructions of government of India regarding reservations/concessions for SC & ST as brought out in the shape of brochure (3rd edition) by the Government of India shall apply in HP unless specific instructions are issued to the contrary.
[HP Gov Dept of Personnel letter No. 2-11/72-DP (Aptt) dated 28.02.1973]
Population of Scheduled Castes to total population in HP.
1971: 22.24%
1981: 24.62%
1991: 25.34%
2001: 24.7%
2011: 25.19%.
(Census reports)
Percentage of reservation
In the appointments made by open competition through UPSC or other authority, Government of India has been fixing reservation largely in proportion to all India population. While in regard to posts and services for which recruitment has been made otherwise than open competition on regional basis the percentage has been fixed in ratio to the regional/local population. These norms were applicable to HP upto 25.01.1971. But State of HP has been continuing with the same norms i.e. 22% for local/regional (class III & IV services) recruitments and 15% (class I & II services) in case of recruitments through open competition. Albeit in all services against the posts reserved for SCs, only the SCs of HP are eligible. Cap of 15% has been imposed on SCs in all class I & II service posts and partly on class III & IV services.
(DoP Handbook on Personnel Matters, Vol IV, P 1-11,
GoI, DoPT Brochure on reservation
& OM No. 36017/1/2004-Estt (Res.) dated 5.07.2005 from GoI, DoPT)
Anomalies and deviations
Departments of Education
1. Among early cases of deviation is appointment of 1800 Volunteer Teachers under the Volunteer Teachers Schemes (VTS) approved by the Government of HP vide letter No. Shiksha-II. Ka (4)-/80 dated 19.05.1984. One of the conditions of VTS was that this will not be treated as Government service and the candidate will have no right in claiming regular service . No reservation was provided. Many such appointments were made thereafter. As per a study made on evolution, growth and present status of para teachers, Himachal appointed 10961 para teachers between 1994 and 1999 (Paper by Neeru Snehi and Amitav Nath: 2004, Vol. 20, No. 3). The scheme was modified in 1991. In 1995 Government of HP decided to grant JBT certificates on completion of 10 years of services to those Volunteer Teachers who were appointed upto 1991 and their services were regularized accordingly. The Volunteer Teachers who were appointed in the year 1992 and thereafter were grated JBT certificates after 5 years of services, as per decision taken by Government in 1998 and services of 4159 Volunteer Teachers were regularized under this policy decision till 1.8.1998.
(LPA No. 99 of 2014: Sukh Dev & Ors v State of HP-15.7.2015)
2. The State notified Vidhya Upasak Yojana 1998 on 11.03.1999 for appointment of teachers in primary schools in remote/tribal areas through SSSB Hamirpur. Initially 2100 posts were created in the scheme itself. This scheme provided reservation to SC/ST/OBC/PH/WFF etc. Services of 1626 Vidya Upasaks were regularized as JBT in August 2007.
3. On 29th June 2001 the State notified Gram Vidhya Upasa Yojana to fill up vacant posts of Primary Teachers through Gram Panchayats. No reservation was provided. Memorandum dated 4.08.2011 prepared for considering regularsation of services of GVU mentions that 1444 Upasaks were appointed till then under this scheme. Services of GVU were regularized vide letter NO. EDN-C-B(2)-1/99-II dated 16.08.2011. However total number of PAT/GVU teachers shown by State in CWP No. 6916 of 2011 a/w LPAs No. 504, 507, 512 of 2012, 203 of 2014, CWPs NO. 7728 and 8412 0f 2013 decided by Honorable High Court of HP on 09.12.2024, is 3552.
4. State of HP notified HP Prathmic Sahayak Adhyapak(PSA)/Primary Assistant (PAT) Scheme, 2003 on 27.08.2003, to provide teachers at Gram Panchayat level in primary schools. Reservation was not provided. Civil Appeal No. 2813 of 2017, Chander Mhan Negi & Ors Versus State of HP & Ors, decided on 17.04.2020 by Honorable Supreme Court of India, mentions that initially 3500 teachers were appointed, but as of now there are 3294 teachers on roll. Memorandum dated 25.06.2020 prepared for considering regularsation of services of PAT mentions that about 3420 teachers were appointed under this scheme till then. Services of PAT were regularized vide letter No. EDN-C-B(2)-4/2003-IV dated 5.08.2020.
5. The State notified a scheme with larger implication for engagement of para teachers against the vacancies of Lecturers (School Cadre), Trained Graduate Teachers and C&V teachers in Government Senior Secondary Schools, High Schools and Middle Schools, respectively, under the nomenclature The HP Para Teachers (Lecturers School Cadre), Para Teachers (TGT) and Para Teachers (C&V), Policy 2003 . Against reservation roster it has been mentioned that since this is purely temporary engagement for a particular school and that too for a specified period or on fixed remuneration, reservation roster is not applicable. Large numbers of such para teachers were appointed without providing reservation. In Civil Appeal No. 2813 of 2017, Chander Mohan Negi & Ors Versus State of HP & Ors, decided on 17.04.2020 by Honorable Supreme Court of India, number of Para Teachers on roll is mentioned as 6799. Memorandum dated 30.07.2013 prepared for considering regularsation of services of para teachers mentions that 2093 teachers were appointed under this scheme till then. Services of para teachers stand regularized.
6. Concept of Parents Teachers Associations (PTA) in educational institutions was brought in to provide teachers on local area basis as stop gap arrangement. PTA was formalized and standardized in HP Education Code 2001. Section 1.33 of such code mentions PTA as non political body for better coordination between parents and teachers for improvement in standards and infrastructure of a school (institution). Government of HP notified Grant-in-aid to Parents Teachers Associations Rules on 29.06.2006 to grant funds to PTAs who provide teachers to educational institutions. These Rules also formalized selection process but made no provision for reservation. On 16.08.20013 Government decided to bring the services of PTA (GIA) provided teachers on contract basis and on 5.8.2020 Government conveyed decision to regularize PTA provided teachers working under GIA to PTA Rules 2006. However, total number of PTA teachers shown by State in CWP No. 6916 of 2011 a/w LPAs No. 504, 507, 512 of 2012, 203 of 2014, CWPs NO. 7728 and 8412 0f 2013 decided by Honorable High Court of HP on 09.12.2024, is 6372.
7. On 17th July 2012 the State notified policy to engage teachers through School Management Committee purely on period basis in Elementary/ Higher Education Departments of Himachal Pradesh in Tribal/Difficult areas for which provision of grant-in-aid was made. No reservation was provided in such appointments. On 16.8.2014 the policy was extended to other areas of the State. Judgment of Honorable Supreme Court of India in Civil Appeal No. 3815 of 2020; State of HP & ors versus Kuleep Kumar & ors, decided on 24.11.2020, indicate that there are 3500 SMC teachers serving in various schools of the State. The services of teachers appointed under this policy have been continuing uninterrupted.
8. To provide non teaching class IV staff in Government Schools the State floated series of schemes. Scheme for appointment of water carriers was notified on 6.7.1996. No reservation was provided. Schemes for appointment of Part Time Water Carriers 27.07.2001, 09.09.2009, and 25.07.2011 came into being. Reservation has been expressly denied under para 8 of the scheme. Scheme to provide Part Time Multi Task Workers in all the schools in HP through creation of new posts was notified on 16.07.2020 [amended on 7.11.2020, 7.12.2020, 10.11.2021, 11.03.2022]. Background for floating such scheme is that in Education Department one post of Part Time Water Carrier was sanctioned in each Government Primary School and stand alone middle schools and some posts were also sanctioned in Government High Schools and Government Sr Sec Schools. These posts are continuously being abolished due to regularization of PTWC and Water Carrier-cum-Peon on daily wages to regular Peons. Therefore, the replacement scheme. No reservation was provided. Vide letter No. EDN-C-B(1)6/20020 dated 27.09.2021 the Government approved appointment of 8000 Part Time Multi Task Workers. Since target is to appoint at least one MTW in each of Primary, Middle, High & Sr Sec Schools, more than 8000 shall be appointed in due course. Water carriers have been made daily waged Water Carriers-cum-Peons and then regularized as Peons (There were 10722 Primary, 928 Middle, 2053 High & 1873 SSS when information was collected).
9. Guidelines for hiring Cook-cum-Helpers by SMC for Mid Day Meal in the Schools were notified on 23.11.2011. No reservation was provided. There were 21532 posts of CooK-cum-Helpers and out of this 21234 were on roll.
10.In CWPOA No. 6612 of 2019, Manoj Kumar Sharma & others versus State of HP & others, decided on 17.09.2025, High Court of HP has directed State Government to regularize the services of IT Teachers (1321-appointed on outsource mode) at par with the GUV, PAT and PTA.
Panchayati Raj
1. Department of Panchayati Raj started vocational/ tailoring centers in Panchayats by opening 1450 Vocational Training Centers from the year 1996-97. The Scheme of 1996 was replaced in the year 1998 by notifying a fresh scheme on 18.08. 1998. It was made functional in all 2922 Panchayats. The Scheme was amended on 04.10.2000 and further on 27.10.2003 with coverage of more Panchayats. A number of Tailoring/Vocational teachers were appointed under these schemes without providing for reservation. Their services were converted to that of daily wagers and then regularized by earmarking substantial quota under HP Panchayati Raj (Appointments and conditions of service of Panchayat Secretary in Zila Parishad), Rules 2019.
2. Part Time Chowkidars were appointed in the Panchayats from time to time. On 9.5.2017, the Director, Department of Panchayati Raj issued instructions with regard to appointment of one Chawkidar in each Panchayat. No reservation was provided. Those who completed 12 years of service as on 31.08.2022 were made daily wager vide notification dated 29.09.2022 of Government of HP.
3. On 21.10.2000 Department of Panchayati Raj notified scheme for appointment of technical staff in the Panchayats. As per this scheme one technical assistant was to be appointed for every 2-3 Panchayats. No reservation was provided. This scheme was replaced by new scheme on 18.02.2005 and provided one technical assistant to each two Panchayats. No reservation was provided-albeit weightage marks were assigned to reserved categories. This scheme was superseded on 7.04.2008 with a new scheme. No reservation was made; however extra marks were earmarked to reserved categories. Services of Takniki Sahayaks, who completed 10 years of service as on 26.09.2012, were converted to daily wages and regularized thereafter. Qualifying periods for being daily wagers and for regularization were modified from time to time. They were made daily wagers on 3.03.2016 after five years of service and regularized after completion of 7 years of service thereafter. The technical assistants who were given daily wager status on 26.09.2012 were granted regular pay scale vide notification dated 16.09.2017. Services of one category of technical assistants were taken over vide notification dated 23.10.2018. Some other categories were granted regular pay scale vide notification dated 20.10.2019. Cabinet memorandum prepared for consideration in CMM (10.09.2012) for conversion of part time service to daily wage indicate that 748 part time takniki sahayaks were appointed under 2000 scheme. Memorandum for CMM (10.11.2016) indicate this number as 1036.
Rural Development
1. On 04.04.2008 Rural Development Department notified scheme for appointment of one Gram Rozgar Sewak for a group of three Gram Panchayats in the entire State of HP. 1081 posts were initially created through this scheme. No reservation was provided-albeit extra marks were assigned for reserved categories. They were converted to daily wager after five years of service and granted regular pay scale after seven years of service.
2. Policy to engage Computer Operators under MNREGA at different levels i.e. Development Blocks, DRDA and RDD Headquarters, was framed on 14.09.2007. 105 posts of Computer operators were created in the scheme initially. No reservation has been provided-albeit extra marks were assigned for reserved categories. Their services have been regularized by granting regular pay scales from 08.07.2016.
3. Department of Rural Development introduced new scheme for appointment of Junior Accountant on contract basis by Panchayat Samitis in HP. 35 such posts were initially created through the scheme and filled up without reservation. Their services have been regularized by granting pay scale.
4. District Rural Development Agencies appointed staff and in many cases their services have been regularized.
5. Desert Development Program Pooh engaged personnel whose services were taken over by government in the Department of Rural Development.
Social Justice and Empowerment Department
1. Anganwadi Scheme was launched with notification No. WLF-B(14)3/87 dated 5.10.2009. It was amended from time to time and in supersession of all previous notifications revised guidelines have been issued on 29.02.2016. Under this scheme Anganwadi Workers/Helpers have been appointed on honorarium. No reservation has been provided-albeit extra marks have been allotted to reserved categories. Once appointed they continue uninterrupted. Services of Anganwadi workers have been regularized by way of reserving 40% seats of Supervisor in direct recruitment. The Anganwadi Management Information System (AWCMIS) website for HP shows a totao of 18973 Anganwadi centers. Each center has one Worker and one Helper. Some source put it as 18925.
Health and Family Welfare
1.National Health Mission (NHM) has been appointing Accredited Social Health Activists ASHA on performance based incentive from the year 2006 as a sequel to guidelines issued vide notification No. HFW-H(NRHM)ASHA/Trg.2007 dated 19.10.2003. The guidelines were amended from time to time and new guidelines issued on 17.08.2019. No reservation has been provided. Total posts of ASHA are 7964.
2. Persons have been engaged by T.B. Control Society, Rogi Kalyan Samitis, Red Cross Society and in many cases services have been regularised.
Forest Department
1. Forest Department has been engaging good number of persons in Central Government and Foreign aided Projects. In fact Societies of Government Officials have been formed to execute the Projects. Such Societies have engaged persons and reservation is not provided by giving reason, inter-alia, that employment is for specific period and persons engaged are not employees of government. Department of Forests made appointments under the Governmental Societies constituted for execution of following Projects, inter-alia:
Mid-Himalaya Watershed Development Project (Hills) Kandi Area.
(Persons employed under this project were adjusted in various Departments).
Indo-German Project (Changar) Project.[Services regularized in Vijay Kumar V State of HP & Ors and in CWP No. 822 of 2017, State of HP & Ors V Meenakshi Sood & another, decided on 03.12.2024.]
Japan International Cooperation Agency (JICA) Projects.
HP Natural Resources management Society (HPNRMS)
HP Zoo conservation society.
Services of persons employed by the societies continued uninterruptedly and in many cases have been regularized.
2. Vide notification No. FFE-A(B)2-7/2023 dated 18.10.2023 Government approved scheme for engagement of 2061 Van Mitras . In compliance of order of High Court of HP (in Disha Panwar case) the scheme was notified afresh with modification vide No. FFE-A(B)2-7/2023 dated 29.10.2024. Government violated its own instructions and action (as in case of JSV para workers) by denying reservation. The High Court held that to conduct interview for only this post was discriminatory and that violated the State s policy decision from April 17, 2017 which eliminated interviews for similar positions (for class III & IV posts). This judgment is significant because it has equated the recruitment process under schemes with the procedure for direct recruitment. This validates the contention for rule of reservation in the appointments under schemes etc.
Revenue Department
1. Part Time Patwar Sahayaks/workers have been engaged with each Patwari in HP. There are 874 regular Patwari Posts (697 in Mohal and 177 in Settlement).
2. Persons have been engaged under E-governance societies.
Irrigation and Public Health (now Jal Shakti Vibhag)
1. Operation & Maintenance (O&M) of Rural Water Supply Schemes (RWSS) were decided to be transferred to Panchayati Raj Institutions (PRI) and guidelines to this effect were issued on 03.07.2006. PRI were given liberty to engage for O&M of RWSS in consultation with field officers of IPH Department. In the year 2006, 2220 persons were engaged which number was later increased to 6210 [as per letter No. IPH-A-A((3)4/2018-loose dated 1.10.2019, from Secretary (IPH) to E-in-c]. Memorandum for consideration of CMM dated 15.07.2017 regarding engagement of Para Fitters/Pump Operators puts this figure as 4556 and information obtained under RTI Act, as 5130. The Government in the Department of IPH conveyed approval for engagement of 2000 Jal Rakshak on 9.12.2011, who were to be selected locally. Provision for induction of Jal Rakshak were made in the R&P Rules for the posts of Chowkidar, Pump Attendant and Junior Technician (Fitter) notified on 12.10.2017 and modified on 5.08.2019 to the advantage of Jal Rakshak. Till December 2020, services of 1319 Jal Rakshak were regularized as Pump Attendants.
2. Vide letter No. IPH-B-(F)4-9/2016 dated 20.01.20200, Secretary (IPH) conveyed approval of Government to engage 1578 para workers (Para Pump Operators-417; Para Fitters-287; Multipurpose workers-874) and the scheme of engagement such workers attached to this communication envisages appointment on payment of honoraria. The scheme does not provide for reservation.
3. State conveyed approval to engage 4500 para workers on honorarium basis in Jal Shakti Vibhag vide letter No. JSV-A-F-(1)-1/2023 dated 29.11.2023. However, in response to letter No. JSV-ES-III-D.W.Manpower-Vol.-VI/2022-5963 dated 03.01.2024 from E-in-C JSV, ACS (Jal Shakti), vide letter No. IPH(A)2(B)15-11/2018 dated 18.04.2024 clarified that reservation invariably is applicable in all cases of direct recruitment in a cadre having two or more posts except temporary appointments of less than 45 days duration and those required for emergencies like flood relief works, accidents/restoration and relief etc. Vide letter No. JSV-ES-III-D.W.Manpower-Vol.-VI/2416-495 dated 26.04.2024 E-in-C JSV issued instructions to ECs/SEs to adhere to the above instructions of the Govt. in letter and spirit. Resultantly while making appointment of this set of para workers rule of reservation was applied.
Himachal Road Transport Corporation
1. HRTC appointed 1800 Piecemeal Workers on outsource basis. In unprecedented twist, in the 128th meeting of Board of Directors held on 13.02.2015, services of such Piecemeal Workers was converted on contract basis.
2. Service Committee of HRTC in its meeting dated 29.032017, approved policy for recruitment of Workshop Multipurpose Assistants.
3. HRTC appointed Transport Multipurpose Assistants whose services were converted into Conductors.
Horticulture Department
1. Horticulture Department made appointments under the Governmental Societies constituted for execution of following Projects, inter-alia:
World Bank funded Horticulture Development Project (HDP).
[Under this project nearly one thousand persons were engaged. In CWP No. 4971 of 2024, Nitin Thakur V State of HP & Ors a/w 69 other CWPs, decided on 23.09.2025, HP High Court has adjudicated to regularize services of such employees-including those who were engaged on outsource mode].
Asian Development Bank aided Subtropical Horticulture, Irrigation and Value Addition (SHIVA) Project.
Public works Department
State of HP in the Department of Public Works notified Multi Task Workers (Lok Nirman) Policy -2022 vide No. PBW-AB(1)-03/2021 dated 12.04.2022 for recruitment of 5000 MTW. There is no provision of reservation. Such MTW stand appointed.
Other Illustrations
HP Pollution Control Board, HP Power Corporation, HIMURJA and other PUC/Universities, Constitutional/legal bodies also made back door entries.
Filling up of shortfall and backlog in perspective
In the Annual Report 2012-13 the National Commission for Scheduled Castes pointed out factum of huge shortfall and backlog. This report was followed up in its Annual Report 2016-17 (para 7.3.4). It was recommended among other things that shortfall and backlog should be filled through special recruitment drives.
The State Government vide Notification No.PER(AP)-C_b(12)-2/13, dated 01.11.2013 constituted a Committee comprising of four members under the chairmanship of Chief Secretary to hear and ascertain the views of employees associations regarding implementation of Constitution (85th Amendment) Act, 2001 in the State. This committee made recommendation to clear the backlog and shortfall of Scheduled Castes and Scheduled Tribes categories in posts in each cadre. The recommendation was accepted by the Government which led to issuance of detailed instructions vide No.PER(AP)-C-B(12)-2/2013-I dated 21.11.2015. Para 2 of these instructions reads as follows:
After careful consideration, it has now been decided by the government to fill up the shortfall and backlog of vacancies earmarked for Scheduled Castes, Scheduled Tribes and Persons with Disabilities against the existing strength/filled in posts
The Government in the Department of Personnel issued instructions vide No.PER(AP)-C-F(4)-6/2016 dated 9.09.2016 to the effect that the shortfall and backlog of Other Backward Classes in direct recruitment against the existing strength /filled in posts in each cadre may be filled up on the analogy of SC/ST/PWD
The Hon ble State Administrative Tribunal, Himachal Pradesh vide interim order dated 12.09.2018 in the O.A. No.5155/2018-titled as Alka Chaudhary & anr Vs State of H.P. & others and O.A. No.5156/2018- titled as Asha Rani & anr Vs State of H.P. & others has issued directions that special recruitment drive for clearance of backlog and shortfall of Scheduled Castes, Scheduled Tribes, Persons with Disablement and other Backward Classes in direct recruitment be completed as expeditiously as possible, preferably within three months. As a sequel to this order the Government in the Department of Personnel issued one more reminder in the series to Administrative Secretaries and others vide No.PER(AP)-C-F(43)-6/2016-II dated 27.09.2019 on this issue. Para 3 of this reminder makes following reading:
However, it is observed that a number of shortfall/backlog vacancies of above categories in various departments are yet to be filled up which is resulting in negation of the spirit of the decision of the Government for launching a special recruitment drive to wipe out shortfall/backlog in a time bound manner .
But no special recruitment drive took place till date.
l Government of HP Notified 100 posts of Ayurvedic Medical Officers in Ayush Department to HPPSC on 10.06.2022. Out of this 15 posts were reserved for ex servicemen. In addition to this, 68 backlog posts reserved for ex servicemen and allowed to be filled up from amongst the wards/dependents of ex servicemen through a special recruitment drive, were notified on 13.09.2022 and 13.10.2022. Out of 68 backlog posts 54 were for General Category (ex servicemen). Recruitment process is complete. Similarly 49 posts of Veterinary Officers were notified in Animal Husbandry Department to HPPSC on 28.04.2023. Out of this 8 posts have been reserved for ex servicemen. In addition 7 backlog posts reserved for ex servicemen and allowed to be filled up from amongst the wards/dependents of ex servicemen, have also been notified making total as 56 posts. Out of 7 backlog posts 6 are for General Category (ex servicemen).
l Picking up horizontal reservation (ex servicemen) for clearance of backlog /shortfall is mischievous and well thought of. This has been done to give unambiguous advantage to General Category.
In Conclusion
Net result of appointments under schemes, societies, committees-including on outsource mode and continuation/ regularization of such services is that it has tilted the ratio of public employment heavily in favor of general category at the cost of SC. Admittedly there is shortfall and backlog of posts in case of SC in all classes of posts.
The selection committees constituted under the schemes, the official societies and authorities making selection are instrumentalities/agencies of State within the meaning of Article 12 of the Constitution. The expenditures on such establishments have been made out of Public coffers. For these reasons alone such selection process is a direct recruitment process wherein admittedly rule of reservation is applicable-deviations are deliberate and calculated.
Compilation
11.11.2025 PS Draik, IAS
THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006 [F R A]
Background
Several Acts and policies such as the three Indian Forests Acts of 1865, 1894 and 1927, consolidated State forests during the colonial period as well as in independent India. But inherent rights of forest dwellers/ dependents and poor were not adequately recognized and recorded resulting in historical injustice to them. 2.6 crore hectares additional land was converted to forests during the period from 1951 to 1988.
As a sequel to order of Honourable Supreme Court of India in 2002, forest dwellers and poor were ejected from 1.52 lakh hectares of forest land.
Quantum of forest land transferred by Governments to capitalists, industrialists and for infrastructure is more than what is in the possession of forest dwellers/dependents.
Objective of FRA
To recognize and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes (ST) and Other Traditional Forest Dwellers (OTFD) whose rights could not be recorded (preamble of FRA).
Misconceptions and challenges
FRA is being implemented in Tribal area of HP w.e.f. 4.03.2008. It was made applicable to rest of the State vide letter No. TD(A) 3-1/2011-Loose dated 27.07.2012. The last thirteen years saw hardly any activity other than formation of Forest Rights Committees. On March 20, 2025, Honourable Revenue Minister, Government of HP, announced that FRA will be implemented in the State in mission mode. In a bid almost to counter this move, Principal CCF (HoFF), HP, issued parallel guidelines-albeit sans authority-to Dy Commissioners and Forest Officers in the State vide letter No. Ft-486/96(Mgt) Vol. XXIII dated 11.04.2025. Crux of the communication is that rights ofOTFD have been settled and FRA would lead to regularization of unlawful encroachments. Some contents of this letter are ultra vires of FRA. The letter has been withdrawn but its spirit prevails. A senior IFS officer defended its purpose as an internal advisory to caution officers during claim verifications....He pointed out that there are about 3 lakh claimants and with each eligible person entitled to 4 hectares, the total potential forest allocation could reach 12 lakh hectares-a third of State s total forest area (The Indian Express, Chandigarh, April 19, 2025).
In his D.O. No. 23011/26/2012-FRA(pt) dated 28.02.2013, Sh V. K. Chandra Deo, Honourable Central Minister, Tribal Affairs, wrote to Honourable Chief Minister of HP that
8. The State Government has been consistently taking the stand that rights over forest land had been settled long back and recorded in settlement and therefore, there is limited scope of implementation of the Forest Rights Act in the State of Himachal Pradesh.
9. The stand is not correct and in many States, rights over forest land had been settled but that rights of forest dwellers were not recorded properly and as the Preamble of FRA states, that this Act is meant to undo this historical injustice.
10. It is pertinent to mention that after settlement, fresh rights accrue over a period of time. Therefore, implementation of FRA cannot be set aside due to settlement done in the past.
In reply submitted on 27.09.2013, to contentions made in CWP No. 11189 of 2011, Kisan Sabha Tehsil Committee, Baijnath Vs State of HP and other, filed before HP High Court, the Central Government pleaded that
22. It is submitted that the Forest Rights Act is culmination of decades of efforts by forest dwelling communities, government of India, State Governments and other concerned groups to correct the historical process by which tribal and forest dwelling communities in the country were alienated from the right to their forest land and forest resources. Thus the Forest Rights Act follows a series of legislative precedents and administrative measures by the Central government and Government of Himachal Pradesh to recognize forest dwellers rights over the land, community lands, forest produce and ancillary matter with a respect for both forest ecology and the right to livelihood of forest dwellers. The implementation of Forest Rights Act in letter and spirit is not only a legislative requirement, it is also a Constitutional imperative.
In the same reply the following has been submitted in another para:
6. The implementation of Forest Rights Act in the State of Himachal Pradesh has not, unfortunately, kept pace with the rest of the country and the answering respondent is loath to state before this Hon ble Court that it has been compelled to issue directions and clarifications to the State Government in order to ensure that the legislative intent is not rendered futile...Given that the State of Himachal Pradesh has a high proportion of forest dwelling communities, the statistics are cause for concern.
The stand of State Government as delineated in the D.O. letter of Sh V. K. Chandra Deo, Honourable Central Minister, is as a matter of fact stand of HP Forest Department which is still persisting and coming in the way of implementation of FRA.
A bare reading of FRA makes it clear that the Act is not for regularization of encroachments or for land distribution. Such misconception has been deliberately and systematically disseminated to create atmosphere to stall justice to the poor and weaker sections of the society. FRA aims to undo historical injustice to those who fit in the eligibility criteria.
Illustrative progress figures of implementation of FRA
Individual claims-- as on 31.12.2024
| State | Total Claims | Sanctioned | Land in acre | Average |
| Chhattisgarh | 888028 | 478563 | 947277.70 | 1.98 acre |
| Tripura | 200557 | 127931 | 465192.88 | 3.6 acre |
| Himachal | 4880 | 513 | 110.03 | 1 bigha |
[Ministry of Tribal Affaires I.D. No. 23011/3/2016-FRA dated 7.02.2025 read with unstarred Lok Sabha question No 3325 answered on 20.03.2025]
Tripura and Chhattisgarh are the best implementing States.
3.6 acres is the highest average in the country followed by 1. 98.
Where does Himachal Stand?
Wild projections of IFS officer-land at the rate of 4 hectares per claimant-is a cruel joke on people vis a- vis progress figures.
The result is that Himachal is yet to take off for implementation of FRA. The real challenge is to come out of the malaise created methodically.
Glimpses of Historical Injustice
i) Settlement Operation
Settlement of land and assessment of land revenue dates back to the Mughal period followed by the Britishers with certain modifications-having no uniformity throughout the country. Britishers adopted systematic and traditional methods of survey of land. At present Government of HP undertakes settlement operation under Section 33 of HP Land Revenue Act 1953, read with among others, Standing Order No. 13 of the Financial Commissioner and by issuing settlement instructions under Collection of Settlement Instructions 1998 (updated) . The procedure for settlement is available in Punjab Settlement Manual which is also applicable in HP.
During British Rule settlement took place in small hill States in the late 19th century in merged areas of HP and in early 20th in Shimla Hill States. In case of Rampur Tehsil it was done in 1914-15, Rohru Tehsil (1915-16), Jubbal Tehsil (1907), Kinnaur (1926-28). After independence the settlement operations were conducted in Tharoch, Sangri, Koti of erstwhile estates of Mahasu District. Thereafter settlement was done in Chamba (1952-1958), Mandi (1958-70) and Kangra (commenced in 1970)
The record of earlier settlement was in dilapidated condition in Chamba and therefore, it was ignored and fresh record was prepared as per individual possession as agreed by the estate holders. It is called regular (Kanooni) settlement. After the completion of settlement operation in Mandi encroachments were regularized on payment of nazrana and penalties. For this purpose the HP Nautor Land Rules 1968 were amended on 04.08.1969 to insert Rule 27A. Similarly, Beshi areas encroached by the public in Mandi and Sundernagar towns, which were identified during settlement operation, were regularized in pursuance to instructions contained in letter No.17-26/69-Rev. II (II) dated 05.12.1977, issued by Secretary (Revenue) to the Government of HP to Settlement Officer, Kangra at Dharmshala.
In case of Shimla District post independence settlement commenced in the year 1979. In Rampur Tehsil it started in 1979 and was completed in 1994. In case of Shimla Disrict (Rampur Tehsil) in contradistinction of settlement practiced in estates of erstwhile Mahasu District, Chamba, Mandi for illustration, old habitation, unsurveyed villages and the like were not consolidated as revenue villages or abadi deh or parts of them-conversely, clustered habitation was segregated and separate cases for each individual habitation were made out. This is in contradistinction of Settlement Manual. In Douie s Punjab Settlement Manual, Appendix VI, para 11, which deals with Abadi Deh, this is what it stated:-
The village site should be measured in one number, together with small plots attached in which cattle are penned, manure is stored, and straw is stacked and other waste attached to the village site. The entry in the column of ownership and occupancy will be simply Abadi Deh.
In the Shajaras this number is inked in red so that in common parlance Abadi Deh is known as the area within the Lal Lakir.
Barring stray individual cases, one old habitation consisting of 113 khasaras in Sarahan is the only exception which was made part of abadi deh vide order No. SML-Reader/2005-491dated 29.10.2005 of District Collector Shimla. Mutation to this effect was sanctioned on 05.12.2005 by AC II Grade. Some of the old habitations elsewhere-like the one in village Rangori, which is located in the vicinity of Sarahan- were not even surveyed. Cases made out during settlement were kept out of the process of eviction for which instructions were issued vide letter No. Rev.B.A. (3)12/95-II dated 7.02.2001. Thereafter in the year 2002 instructions were issued to process the eligible cases out of such measured cases for regularization-albeit the regularization did not happen despite sanguine intention of the Government. Therefore, old habitations and village settlements became encroachments in the eyes of law despite existing framework, convention and precedent which provide legitimacy for such settlements.
Forest settlement is done under the Indian Forests Act 1927 and the HP Forest Settlement Rules 1965. Forest settlement was carried out alongside the Mahal settlement. However, most of them were done without surveys & demarcation. The Comptroller and Audit General (CAG) claimed in a report that more than 54% of HP s forest area remained undemarcated (Times of India, May 19, 2025). Therefore, common rights were not properly recorded and individual rights such as habitation, cultivation etc within the forests were mostly ignored during such settlements. This position was acknowledged by Ministry of Environment and Forests, Government of India, in an affidavit filed before the Supreme Court of India in 2004 (in IA No. 1126 in Writ Petition 202 of 1995) where it drew the attention of Hon'ble Supreme Court towards the issue of so called 'encroachments'. A key portion of the affidavit is reproduced below:-
"(7) That, for the most areas in India record of rights did not exist due to which rights of tribals could not be settled during the process of consolidation of forests in the country. Therefore, the rural people, especially tribals who have been living in the forests since time immemorial, were deprived of their traditional rights and livelihood and consequently these tribals have become encroachers in the eyes of law".
Rule 20 (ii) of the HP Forest Settlement Rules 1965 provide that ...The areas under near cultivated lands and ABADIS may not be proposed to be declared as Protected Forests sufficient areas are to be left out for legitimate use of the right holders . But this has not been done in case of Rampur.
A large Part of forests has been declared as sanctuary under Wildlife (Protection) Act, 1972 which has curtailed the common rights.
Conversion of villages on forest land into revenue villages and settlement of other old habitations.
Government of India, in the Department of Environment, Forests & Wildlife, issued circular No. 13-1/90-FP dated 18.09.1990 to Secretaries of Forest Departments of the States suggesting following measures to resolve the outstanding issue of forest villages and other types of habitations existing in forest lands:
3.1 Forest Villages:
Forest villages may be converted into revenue villages after denotifying requisite land as forest.
3.2 Other Habitations:
wherever encroachments for agricultural cultivation are regularized, the house sites and homesteads too may be regularized
habitations more than 25 years old involving sizeable group of families, may be examined case by case...
ST and rural poor not covered under (i) and (ii) above should be resettled in noon-forest land
But the State of HP in the Department of Forests just ignored this circular.
ii) Gaps in Implementation of Land Reform Legislations and Land Allotment Schemes
Background
Efforts to provide land to the tillers were made even before Independence. There were Beth and Begar in Himachal Pradesh which was found derogatory to the human dignity and therefore, a Conference under the Chairmanship of the then British Resident was held in Woodville Palace Shimla on August 24, 1943 in which all the Rulers or their representatives participated. On the basis of deliberations held in the conference Model Policy on Beth & Begar was published in April 1944.
One of the main consequences was the consensus that the Beth & Begar shall be abolished forthwith. It was also decided that the Beth (system of unpaid labourer working for the Raja or Landlord) shall be recorded as occupancy tenant if the Bethu were in possession for three or more generations and rest were ordered to be recorded as non-occupancy tenants and provisions of Punjab Tenancy Act, 1887 were made applicable in all the Shimla Hill States. The same provisions were incorporated in application of Laws Order 1948 issued with respect to Himachal Pradesh.
HP Abolition of Big Landed Estates & Land Reforms Act, 1953 provided to give ownership rights on making an application of Revenue Authority. The erstwhile Rulers & Landlords allowed to vest the surplus land in the Government which was under tenancy with poor landless people. In most of the cases such tenancy was not recorded though the cultivators were actually in cultivating possession.
Under HP Ceiling on Land Holding Act, 1972 surplus land vested in the Government. In good number of cases the land so vested had tenants recorded and were entitled to get proprietary rights. Most of the poor were deprived of the titles and became encroachers in the eyes of law. State of HP framed Utilization of Surplus Area Scheme, 1974 to allot land to the eligible persons out of the land vested under this Act. But predominant part of lands so vested was converted to forest lands. Many persons who were issued pattas and handed over the possession were not recorded as owners. Eventually they became encroachers in the eyes of law.
HP Tenancy and Land Reforms Act, 1972 was made applicable from 1975.
This Act provides suo motu vestment of proprietary rights on occupancy and non occupancy tenants. But even under this law many tenants could not get propriety rights. Tenancy on government land was abolished in 1987 and the poor persons became encroachers in the eyes of law.
Under HP Nautor Land Rules 1968 and 1975 in many cases pattas were not issued. Propriety rights were not recorded in case of many allottees those were issued pattas and handed over possession after lands were allotted under these Rules. They are also encroachers in the eyes of law.
Miscellaneous Cases.
a) Erstwhile Rulers and Landlords granted lands (pattas) along with instant spot possessions to their sewadars and other persons. Many such pattas were not recorded and because of operation of Ceiling Laws the land vested in the Government.
b) In many cases where lands were allotted under the Nautor Rules, pattas and possessions were delivered-but mutations did not take place. Therefore, the allotees became encroachers.
c) Sufferers of natural calamities were orally rehabilitated by Government, but the place of such resettlement was not regularized.
d) Thousand of families were displaced due to multipurpose and hydroelectricity projects. Many families were deprived of resettlement in alternate places. Per force some of them entered Government/forest land for sustenance and became encroachers.
iii) Shamlat Land
The Punjab Village Common Lands (Regulation) Act, 1961 defines Shamlat deh as lands described in the revenue records as shamilat, taraf, patties, pannas, and tholas and used according to revenue records for the benefit of the village community or a part thereof or for common purposes of the village inter-alia.
It is well known fact that prior to independence different Princely States had different land tenure systems in their respective jurisdictions. Even for the purpose of management of village common land popularly known as Shamlat land, there was uniform system for its utilization and its allotment for the villagers to meet their agricultural andhabitation needs. While Shamlat land was properly documented and found place in Record of Rights, especially in merged areas viz: Sirmour, Solan, Manali, Bilaspur etc, clear entries were not recorded in rest of the areas nor was there explicit provision for allotment to the villagers mentioned in Panchayat and Revenue record. However, the entitlement for the use of common land was equally applicable everywhere. This becomes explicit from the record of rights prepared in the post village Common Lands Vesting and Utilization, Act 1974 era and the Wazib-ul-Arz had entry in respect of village Common Land everywhere in the State.
Shamlat lands were allotted to the village poor by the khewatdars or the village elders for agricultural needs as well as for habitation in Rampur (Shimla). As discussed heretofore, most of such allotments/possessions did not find place in the revenue record.
With passing of the HP Village Common Lands Vesting and Utilization Act, 1974 all rights of the landowners (with the exception of legal partition /transfer, built up habitat) were extinguished and vested in the State Government free from all encumbrances-albeit on payment of compensation to the landowners. Almost all the allotees in Rampur became encroachers with the passing of Vestment Act and vestment was to be effected after removal of said encroachments. But the transition of land was made a smooth and quiet affair without any payment to the landowners or without removing the said encroachments. Consequently, the owners/allotees remained in possession over lands so vested. For example, Shamlat land in village Rangori, Sarahan Bushahr, comprised in 43 kitas measuring 52-16 bighas was transferred to Government by way of mutation dated 19.08.1975. There is no mention of any notice given to estate holders before sanctioning such mutation.
Two pools (common and allotable) were to be created of the land vested in Government. An area not less than fifty percent was to be reserved for grazing and other common purposes. Remaining land was to be earmarked for allotment under the HP Village Common Lands Vesting and Utilization Scheme, 1975. But no allotable pool was made in Shimla District whereas such pool was made in some other Districts.
HP Village Common Lands Vesting and Utilization Act, 1974 was amended in 2001 and the land recorded as shamlat tika Hasab Rasad Malguzari or by any other name in the ownership column of jamabandi and assessed to land revenue and which has been continuously recorded in cultivating possession of the co-sharers so recorded before 26.01.1950 was exempted from the operation of this Act [Section 3(2)(d)]. This amendment was made applicable from 1974. Again Shimla District was not benefitted-some others were. This Act was further amended in 2015 to pave way to confer proprietary rights on the chakotadars (lessees) under the Panchayats [Section 8B]. There were 1237 beneficiaries- 981 in District Solan, 184 in kangra, 36 each in Hamirpur and Una Districts.
Homestead for self sustenance.
Shelter and livelihood is a Fundamental Right. Poor people occupied forest lands as source of shelter and livelihood and have been living on that from generation to generation. In most cases such occupation has not been recorded-neither during settlement nor otherwise. Nor could they file any claim whatsoever because of poverty and ignorance- not even under the regularization policy of 2002. Such class is encroacher in the eyes of law.
Dependence on forest produce and use of forest lands for specific needs.
Villagers have been using forest lands for fodder collection, grazing, fuel wood and the like. Similarly they have been dependent on forest resources like timber for house repairs, herbs, wild fruits, worship material and so on. These community rights have been inadequately recorded in case of large number of villages in Rampur Tehsil. With the creation of wildlife sanctuary, rights of villagers have been extinguished/ curtailed.
Definition of Forest Land
As per notification dated 25.02.1952, issued on behalf of Chief Commissioner, provisions of chapter IV of the Indian Forest Act, 1927, have been made applicable to all forest lands and waste lands in HP. Therefore, all forest lands and waste lands in HP are protected forests.
Treatment of claims of right of title/ occupation
Government of India, in the Department of Environment, Forests & Wildlife, issued circular No. 13-1/90-FP dated 18.09.1990 to Secretaries of Forest Departments of the States suggesting following measures to resolve claims of local inhabitants of forest for title on certain forest lands:
i) Review of disputed claims over forest land
2.1. The States/UT Administration should review the cases of disputed claims over forest land ..
2.4. Once the bonafides of the claims are established through proper enquiry, the State/UT Government may consider restoration of titles to the claimants
ii) Disputes regarding patta/leases/grants involving forest land
2.1. All the cases of pattas, leases, grants involving forest land should be review by State/UT Government. Such review should enable the State/UT Government to identify those cases in which the pattas/lease/grants were awarded under proper authority and the assignees continue to be in possession of the land .
It has been stated that such pattas/lease/grants should be honored.
But no action was taken by the Forest Department.
Instructions on similar lines were issued by State Government to the Deputy Commissioners in HP vide FC-cum-Secretary (Rev) letter No. Rev. B-F (7)-1/94 dated 15.11.1995. The District Collectors were requested to review the cases of following nature:
i) The persons who were allotted land and where the apttas/certificates and mutations have not been attested, the same should be issued/attested immediately;
.
ii) In cases where allottee is in possession of land at place other than the place where it was allotted, the same may be sanction to them upto the extent of allotment made to them by canceling previous allotment .
But these instructions were also not implemented.
Settlement cases
Rights and titles old homestead and other cultivation made for sustenance on forest lands were not settled and instead individual cases were made out to be presented to Settlement Officer for decision. Such cases were kept out of the process of ejectment for which instructions were issued vide letter No. Rev. B.A. (3)12/95-II dated 7.02.2001. Thereafter in the year 2002 instructions were issued to process the eligible cases out of such measured cases for regularization-albeit the regularization did not happen despite sanguine intention of the Government.
Claims filed under Regularization Policy of 2002.
State Government notified the HP Regularization of Encroachments (in certain cases) on Government Land and Disposal of Government Land Rules, 2002 , on 02.07.2002. A total of 1, 67, 339 claims were received for regularization under this Policy. But regularization did not happen because of interim order of Honorable High Court of HP in CWPs No. 998/2002 and 1028/2002.
Listed Facta Significant Evidence
In recognition of de facto historical injustice discussed heretofore, Government of HP, in the Department of Tribal Development, vide letter No. TBD-F(TDM)1-2/2007-Vol-II dated 04.08.2008 has directed that:
12. While submitting the claim and verification thereof, in addition to the documents prescribed under the Rules, the documents pertaining to encroachments during settlement, cases where nautor were sanctioned by competent authority but pattas have not been issued so far and the claims/applications received upto 31.12.2002 under scheme for regularization of encroachment floated by the Government, which is presently under sub-judice, may be entertained for verification .
Rights recognized and vested under FRA.
Section 3 read with section 4 of FRA recognize and vest following rights, among others:
a) Rights of settlement and conversion of forest villages, old habitation, unsurveyed villages and other villages in forests, whether recorded or not into revenue villages;
b) Right to hold and live in the forest land for habitation or for self cultivation for livelihood;
c) Rights over disputed lands under any nomenclature where claims are disputed;
d) Rights for conversion of pattas or leased or grants issued by any local authority or any State Government on forest lands to titles;
e) Rights of uses or entitlements such as grazing and traditional resource access;
f) Rights of ownership, access, use, and dispose of minor forest produce;
g) Right to rehabilitation in case of illegal eviction or displacement.
Authorities and procedure for vesting of rights
Section 6 of FRA, Forest Rights Rules 2007 and amendment Rules 2012, read with instructions issued by Government of India, prescribe the authorities and procedure for recognition and vestment of rights.
Identification of hamlets or settlements and process of their consolidation (rule 2A).
Panchayat shall prepare a list of unrecorded hamlets or hamlets or habitation and have the list passed by Gram Sabha and submit it to Sub-Divisional Level Committee (SLDC).
The SLDC shall formalize village either by adding to the existing village or otherwise.
List is finalized by District Level Committee (DLC).
[Detailed guidelines are contained in letter No. 23011/33/2010-FRA dated 8.11.2013 form Government of India, Ministry of Tribal Affairs;
In case of rights listed from (b) to (g) above.
Gram Sabha shall
invite claims within three months and authorize Forest Rights Committee (FRC) to receive claims
meet to consider the findings of FRC
hear the stakeholders
pass resolution and send cases to SLDC
maintain a register of claims
FRC shall
receive and acknowledge claims, prepare record of claims, consolidate the claims
visit spot, verify claims and prepare map/report, present findings to Gram Sabha
[As per proviso to Rule 12(10) claims can only be received by Gram Sabha or the FRC. Claim forms shall be provided by SLDC]
SLDC shall
examine the proposals of Gram Sabha and prepare record of rights
submit cases to DLC.
[Detailed guidelines are issued by Government of India, Ministry of Tribal Affairs, vide letter No. 23011/32/2010-FRA [Vol.II (Pt)] dated 12.07.2012].
{Guidelines to process claims step by step are contained in a booklet forest rights act--a field guide prepared and issued by Government of India}.
Evidence in support of claims
Rule 13 of FR Rules contains inclusive list of evidence for determination of forest rights. Illustrations are as follows:
a) public documents, survey and settlement reports, record of rights, pattas or leases, government notifications etc
b) physical attributes such as house and cultivated land
c) house tax, domicile certificates
d) quasi-judicial and judicial records including orders and judgments
e) shajara nasab
f) written statements of elders
g) wazib-ul-urz in case of community rights.
Applicability of FRA in Municipal/Urban areas.
Government of India, Ministry of Tribal Affairs, vide F. No. 19020/02/2012-FRA dated 29.04.2013 and No. 19020/02/2012-FRA (Vol II) dated 5.03.2015 has clarified that FRA is applicable in Municipal/Urban areas. These communications also carry detailed guidelines regarding implementation in such areas.
FRA ostracized through the din of encroachment imbroglio
Government of HP has been espousing almost impossible proposition of regularizing encroachments which are virtually on the forest land. Forest (Conservation) Act, 1980[FCA], regulates the diversion of forest land for non forestry purposes and to conserve forests. Its core provision, Section 2, mandates that prior approval of the Central Government is required to
(i) de-reserve forests; or
(ii) use forest land for non forest purposes; or
(iii) assign forest land to any private person etc.
Process of regularization of encroachments involves all the three components.
Government Policies/Rules to regularize encroachments on Government land have been termed by Courts in India as Executive Overreach and held as violative of Articles 14 read with 51A of the Constitution, inter-alia.
The National Forest Policy, 1988, has observed the increasing trend in encroachments on forest land and stated that these should not be regularized. Government of India has suggested following measures for review of old encroachments, vis- -vis, National Forest Policy:
(a) In pre-1980 encroachments where the State Governments had taken decision before FCA to regularize certain encroachments but could not implement such decision, should be individually reviewed and submitted to Government of India.
(b) In no case encroachments that took place after 24.10.1980 be regularized.
Prevalence of such Legislative, Judicial and Executive interdiction notwithstanding, Government of HP, on 4.07.1983, formulated first policy framework to regularize the encroachments. This policy was amended on 27.04.1984 and 20.08.1987. It was ultimately revised and notified in 1994. It was challenged by way of PIL as CWP No 122 of 1995, Raj Kumar Singla V. State of HP and another, in the Honorable High Court of HP. This policy was struck down on 16.09.1997 (DB). To overcome this judicial pronouncement Section 163-A was inserted to HP Land Revenue Act vide HP Act of 2000 to empower the State Government to make Rules for regularization of encroachment on Government land. Based on Section 163-A of the HP Land Revenue Act State Government notified the HP Regularization of Encroachments (in certain cases) on Government Land and Disposal of Government Land Rules, 2002 , on 02.07.2002. A total of 1, 67, 339 claims were received for regularization under this Policy. But regularization did not happen because of interim order of Honorable High Court of HP in CWPs No. 998/2002 and 1028/2002. While the Rules of 2002 were under challenge, the State Government notified draft HP Conferment of Propriety Rights (in certain cases, for small and marginal farmers) on Government Land Rules, 2017 on 19.04.2017. But during the course of hearing in CWP 1028 of 2002 it was submitted that State Government is not going to finalize or frame any Rules for regularization of encroachments on the basis of draft Rules published vide notification dated 19.04.2017 or otherwise. Section 163-A and Rules made thereunder have been held as arbitrary and unconstitutional and consequently quashed by the Honorable High Court (DB: 05.08.2025).
This judgment of Honorable High Court of HP coupled with the order passed in CWPIL No. 17 of 2014 and CWPIL No. 9 of 2015, discussed hereinafter, have sent shivers down the spines not only of encroachers who were depending upon the Rules for regularization, but also of the households who have been vested rights under the FRA-albeit subject to verification and recognition. Due to uninterrupted flow of grapevine information the genuine claimants have become skeptical about the efficacy of FRA.
Overriding effect of FRA
Section 4(1) of FRA opens with the line notwithstanding anything contained in any other law for the time being in force, and subject to provisions of this Act, the Central Government hereby recognizes and vests forest rights . This non obstante clause recognizes and vests the forest rights under Section 3(1) in accordance with the provisions of FRA, regardless of whether such forest rights might be contrary to other laws and judicial precedent.
Sub Section (7) of Section 4 reads as follows:
The forest rights shall be conferred free of all encumbrances and procedural requirements, including clearance under the Forest (Conservation) Act, 1980, requirement of paying net present value and compensatory afforestation for diversion of forest land .
Whereas the policies and rules for regularization of encroachments in HP remained a mirage in the desert for the last forty two years, FRA is being implemented by 21 States. As on 31.12.2024, a total of 2379028 individual titles involving 5090361.62 acres of land and 116299 community titles involving 14074029.69 acres of land have been distributed.
Need for aggressive and concerted awareness campaign.
Success of implementation of FRA will depend upon good level of awareness about FRA, the Rules made thereunder, the guidelines issued by Central Government and other procedure, among the claimants of rights under FRA, the members of Gram Sabha, representatives of Panchayati Raj Institutions and the Government officials connected with the verification and recognition process. Central Government has issued instructions to launch aggressive awareness raising and environment building programs. Therefore, it is urgent that District Administration launches aggressive training and awareness raising programs in each village at the earliest.
Immediate Task- Moratorium on eviction.
Honorable High Court of HP, in CWPIL No. 17 of 2014 and CWPIL No. 9 of 2015 decided on 8.01.2025, has made series of directions to State/ Central Government Officers/Officials to prevent fresh encroachments and remove old /existing occupation of Government lands. These directions have been reiterated in the judgment dated 5.08.2025 discussed above. Compliance of these directions is being monitored by the Court. If the operation of this order is not halted, implementation of FRA will be put to jeopardy and could be rendered meaningless.
Section 4(5) of the FRA provides that save as otherwise provided, no member of a forest dwelling Scheduled Tribe or other traditional forest dwellers shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is complete. In Orissa Mining Corporation Vs Ministry of Environment & forests [(2013) 6 SCR, p. 939] the Honorable Supreme Court has held that section 4(5) of the Act is very specific and provides that no member of a forest dwelling Scheduled Tribe or other traditional forest dwellers shall be evicted or removed from forest land till the recognition and verification procedure is complete. This clause is of an absolute nature an excludes all possibilities of eviction of forest dwelling Scheduled Tribes or other traditional forest dwellers without settlement of their forest rights as this section opens with the words, save as otherwise provided .Therefore, no eviction should take place till the process of recognition and vesting of forest rights is complete.
In his D.O. No. 23011/12/2015-FRA dated 10.04.2015, Shri Manoj Pingua, Jt Secretary, GoI, wrote to Principal Secretary of State that the SLMC also needs to specifically ensure that section 4(5) of FRA in implemented in letter and spirit and no forest dweller is evicted or removed till the process of FRA implementation is complete .
In compliance of order dated 06.04.2015 of HP High Court in CWPIL No. 17 of 2014, eviction of encroachment drive was taken up including in tribal area. Gram Vikas Society, Ramni (Kinnaur) & another filed CWP No. 3141 of 2015 in HP High Court submitting that the FRA was under implementation in tribal area and prayed the Government may be directed to settle the rights of occupants in time bound manner and till then occupation of forest land may be protected. Government replied that it has been taking steps to implement the FRA. On 30.08.2016 the Court ordered to expedite recognition of rights process. Therefore, eviction halted in tribal area.
A group of forest right holders from Rampur/Chopal filed CPM No. 10019 of 2016 titled as Pratap Chand and others Vs State of HP, in CWPIL No. 17 of 2014, seeking to be heard ob section 4(5) of FRA and for speedy implementation of FRA.
With increasing pressure for dispossession drive from Courts and enforcing agencies, poor OTFD are under fear and agony of losing their sources of sustenance. There, orders of Honorable High Court of HP requires moratorium till the process of verification and recognition is complete.
Compilation:
Email:sobr728@gmail.com Dr. Man Singh
Mob: 8219960311 P S Draik, IAS
IMPLEMENTATION OF THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006
IN HIMACHAL PRADESH