Himachal HC Strikes Down Section 163-A of Land Revenue Act

Rapid Summary

• Event: Himachal Pradesh High Court quashes Section 163-A of the state’s Land Revenue Act.
• Judgment: The court deemed Section 163-A unconstitutional and manifestly arbitrary,stating it violated Article 14 of the Indian Constitution (equality before law).
• Background: Section 163-A, introduced in 2002 under CM Prem Kumar Dhumal’s tenure, allowed regularisation of government land encroachments to assist small and marginal farmers.
• Impact: Approximately 57,549 cases of encroachment spanning over 10,320 hectares (1,23,835 bighas) were affected. over 1.67 lakh applications had been filed for regularisation until August 2002.
• Court Orders:

– Eviction proceedings against encroachments to commence by February 28, 2026.
– Stay orders on removal of encroachments are vacated promptly.
– Government directed to amend laws on “criminal trespass” and assign reporting duties for urban body officials regarding new violations.
– Judgment to be distributed for immediate compliance by state authorities.

• Historical Context: Since the first notifications in July 1983 across different governments, encroachments had been regularised (up to five bighas per instance) on nominal fees (₹50/bigha).

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