HC orders probe into Land Tenancy Act violations in HP

THE HIGH COURT ALSO DIRECTED AUTHORITIES CONCERNED TO FILE CRIMINAL CASES AGAINST SOCIETIES AND THEIR MEMBERS FOR VIOLATIONS OF ACT

SHIMLA : The Himachal Pradesh high court has directed all deputy commissioners of the state to probe and identify societies and their members, who have blatantly violated the provisions of the Land Tenancy Act. The court has given six months to the DCs to furnish the report.

The court also directed the authorities to file criminal cases against such entities. Justice Tarlok Chauhan deciding a writ petition ruled that as far as membership in housing societies is concerned, if a housing society is formed by agriculturists and has membership of that class only, it can allot plots to its members. But, in the case of other House Building Cooperative Societies, where ordinary residents or non-agriculturist are enrolled as members, such societies could only allot flats or houses to its members and not the plots.

The court has listed the matter for April 10, 2018, and also observed that petitioner themselves have blatantly violated the law. As per the Section 118 of Land Tenancy Act, a non-Himachali could not buy land in Himachal Pradesh.

Hearing the petitioner’s case, the court said out of 173 members of the society, only 14 members were found the residents of the area of the operation of the society, whereas remaining 159 members including the petitioners were found outside the area of the operation of the society.

“This clearly proves the large scale land scam that is exists in the state,” the judgement reads and further stated: “All the deputy commissioners of the state are directed to conduct a thorough probe and identify such societies and members, who have blatantly violated the provisions of the Tenancy Act, and ensure that not only criminal cases are registered against them but appropriate proceedings for having the properties vested in the state are also initiated.”