Supreme Court Pulls Up Himachal Govt for Defying Order on Encroachment Policy, Seeks Response on Policy
New Delhi: The Supreme Court of India has issued a show-cause notice to the Himachal Pradesh government for failing to comply with its earlier directions to frame a clear policy on encroachment cases involving small and marginal farmers.
A Bench headed by the Chief Justice of India expressed strong displeasure over the State’s inaction, observing that despite explicit and binding directions, no policy has been framed so far, even as eviction drives continue across the hill state.
Taking serious note of the matter, the apex court stayed a recent order of the Himachal Pradesh High Court which had directed the State to carry out evictions in encroachment cases across Himachal Pradesh.
The Supreme Court made it clear that courts cannot step into the domain of policymaking, underlining that it is solely the responsibility of the elected government to formulate a humane and legally sustainable policy.
“The judiciary cannot frame policy. That is the State’s duty,” the Bench observed while restraining coercive action against farmers who have been in possession of land for decades, particularly in view of the principles governing adverse possession.
The Supreme Court also stayed all eviction proceedings, including those related to the Bhaghi Ratnari cases in Jubbal and Kotkhai offering immediate relief to affected families.
The State government has now been directed to file its response explaining why it has failed to comply with the court’s earlier judgment. The matter will come up for further hearing on April 6.
The ruling is being seen as a significant intervention in favour of small and marginal farmers, many of whom face the threat of displacement despite long-standing possession of land and unresolved policy paralysis on the issue of encroachment in Himachal Pradesh.