Review cases of eviction post amendment to Land Act 1954: Farmers

The Himachal Kisan Sabha and Himachal Seb Utpadak Sangh have demanded the state government to review all cases of eviction carried out after the amendment of the Himachal Pradesh Land Revenue Act, 1954, through the introduction of Section 163 (A).

A delegation of the Himachal Kisan Sabha and Himachal Seb Utpadak Sangh yesterday met Minister of Horticulture Jagat Singh Negi and submitted a memorandum regarding their demands.

They demanded that land should be restored to evicted farmers and the legal procedure for eviction under the Act should be followed strictly, without invoking the summary provisions of the Public Premises Act.

Dr Kuldeep Singh Tanwar, president Himachal Kisan Sabha, said their petition highlights the case of farmers who have been unlawfully evicted from their land since the enactment of Section 163 (A) of the Himachal Pradesh Land Revenue Act in 2000.

“It is important to note that the Supreme Court of India, in Civil Appeal No. 13362 of 2024, titled Babu Ram vs State of Himachal Pradesh and ANR, pronounced on November 28, 2024, by Justices Dipankar Dutta and Prashant Kumar Mishra, declared these evictions as invalid and a violation of natural justice principles,” he said.

He said in paragraph 11 of the judgment, the court observed, “There is no discussion of the evidence at all. The Collector, though acting in an administrative capacity, was obligated to act quasi-judicially and ensure fairness.” The court further criticised the Collector and the Divisional Commissioner’s appellate authority for failing to issue a just order, declaring that the Collector’s order did not meet the standards of a valid speaking order.

“As per paragraph 21 of the court’s order, since the appellants were dispossessed of their structures before the special leave petitions were filed, the status quo ante, as it existed on the date the writ petitions were filed in the High Court, should be restored. The government should recognise all similar evictions as invalid and initiate new proceedings after restoring the status quo,” he said.

He added that eviction cannot be carried out without determining the title and ownership of the land. The Himachal Pradesh Land Revenue Act, 1954, is the appropriate law for resolving disputes over cultivable land, while the Public Premises Act is insufficient for such matters.

Tanwar said farmers in the state have suffered losses due to natural disasters such as floods, cloudbursts, heavy rains, earthquakes and glacial movements, resulting in the destruction of agricultural land, houses, cow sheds and godowns. To provide relief, the government must revive the Tabadla (land transfer) policy that existed before the enactment of the Forest Conservation Act, 1980, and propose necessary amendments to the Act to help affected farmers.