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Himachal Pradesh High Court directs removal of encroachments along National Highway 5

The Himachal Pradesh High Court has directed authorities to remove encroachments and unauthorized constructions along National Highway 5. 

This order was passed in response to a Public Interest Litigation (PIL) filed in 2014, addressing concerns about obstructed traffic flow and unauthorized parking. 

The court’s directive ensures the removal of existing encroachments and prevents future occurrences.

The court’s order stems from a PIL filed in response to a newspaper report highlighting encroachments alongside roads, causing trouble for law-abiding citizens. 

Authorities were directed to take action, resulting in the detection and removal of numerous unauthorized constructions. 

The court acknowledged that the petition’s purpose had been served, as most reported encroachments had been removed.

Key aspects of the order include the removal of encroachments and unauthorized constructions, ensuring no new encroachments occur, and holding officials accountable for reporting and addressing encroachments. Failure to comply may result in contempt, departmental, and criminal proceedings. 

The Chief Secretary must issue guidelines to prevent unauthorized constructions, and authorities must conclude pending cases by March 31, 2025.

The Division Bench of Justice Vivek Singh Thakur and Justice Rakesh Kainthla appreciated the valuable assistance rendered by J.L. Bhardwaj, Senior Advocate, as Amicus Curiae.

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