Indian Court Strikes Down Encroachment Regularisation Law, Declares Section 163-A Unconstitutional

In a significant ruling, the Himachal Pradesh High Court has struck down the encroachment regularisation law, declaring Section 163-A of the law unconstitutional. The court’s decision is expected to have far-reaching implications for the state’s efforts to tackle encroachment and illegal construction. The law, which was enacted in 2019, allowed for the regularisation of encroachments on government land, provided the encroachers paid a certain fee. However, the court has ruled that this provision is unconstitutional, as it violates the fundamental right to equality and the principle of public trust doctrine. The court’s decision is based on the argument that the law unfairly benefits encroachers at the expense of the general public. The ruling is also expected to impact the state government’s plans to generate revenue through the regularisation of encroachments. The court has observed that the law was enacted without proper consideration of the environmental and social impacts of encroachment. The judgment is a significant setback for the state government, which had touted the law as a solution to the problem of encroachment. The court’s decision is likely to be appealed by the state government, but for now, it remains a major victory for environmentalists and activists who have been fighting against encroachment. The ruling is also expected to have implications for other states in India, where similar laws have been enacted. The court’s decision highlights the need for a more nuanced approach to tackling encroachment, one that balances the needs of the public with the need to protect the environment. The judgment is a reminder that the rule of law must be upheld, and that the government must act in a fair and transparent manner. The court’s decision is a significant milestone in the fight against encroachment, and it is likely to have a lasting impact on the state’s efforts to protect its environment. The ruling is also a testament to the power of the judiciary in India, which has consistently demonstrated its commitment to upholding the rule of law and protecting the rights of citizens. The court’s decision is a major victory for the people of Himachal Pradesh, who have been fighting against encroachment for years. The judgment is a reminder that the government must act in the public interest, and that the rights of citizens must be protected. The court’s decision is a significant step forward in the fight against encroachment, and it is likely to have a lasting impact on the state’s efforts to protect its environment. The ruling is also expected to have implications for the state’s economy, as the regularisation of encroachments was seen as a way to generate revenue. The court’s decision is a major setback for the state government, which had hoped to use the law to raise funds. The judgment is a reminder that the government must act in a fair and transparent manner, and that the rule of law must be upheld. The court’s decision is a significant milestone in the fight against encroachment, and it is likely to have a lasting impact on the state’s efforts to protect its environment. The ruling is also a testament to the power of the judiciary in India, which has consistently demonstrated its commitment to upholding the rule of law and protecting the rights of citizens. The court’s decision is a major victory for the people of Himachal Pradesh, who have been fighting against encroachment for years. The judgment is a reminder that the government must act in the public interest, and that the rights of citizens must be protected. The court’s decision is a significant step forward in the fight against encroachment, and it is likely to have a lasting impact on the state’s efforts to protect its environment.

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