Himachal Pradesh High Court: No Liability for Encroachment Without 'Reserved Forest' Notification

The Himachal Pradesh High Court has ruled that a person cannot be held liable under Section 33 of the Indian Forest Act, 1927, for forest encroachment unless there is a duly published notification declaring the land as a reserved forest.

Justice Rakesh Kainthla noted that the chargesheet against the petitioner made no such mention.

Upholding the trial court’s order discharging the accused, the Court stressed that the essential ingredients of trespass were also missing. 

Relying on State of H.P. v. Ami Chand (1992), the Court dismissed the state’s petition, reiterating that liability arises only with proper notification.

[State of H.P. v Ghambo Devi]