(A) HP Land Revenue Act, 1954 Section 163-A–Encroachment on Government land–Regularization-Power of the Government to make rules for regularization of encroachment on government land–Challenge to the constitution validity of Section 163-A–As per reply submitted by the State, there is encroachment upon about 10,320 hectares of Government land–Whereas, applications received for regularization of encroachment show the encroached area approximately 24,198 hectares–Held–Section 163-A of H.P. Land Revenue Act is manifestly arbitrary and unconstitutional–Directions issued to the State to make suitable amendments in the laws for making the offence of encroachment as non-bailable and also to remove the encroachment from the Government land–Petition disposed of. (Para 48)
(B) Constitution of India, 1950 Article 14, 21, 48-A & 51-A–Equality before law-Regularization of encroachment on government land–Held–By condoning the illegal acts of the violators, who carry out encroachments by violating the provisions of the law, State intends to treat such law breakers equal to those persons who abide by the law–This is arbitrariness, because by treating un-equals alike, the State is violating Article 14 of the Constitution of India–The impugned provision is in fact legislation for a class of dishonest persons, which is also prohibited–Also, it defies logic being capricious and unreasonable–The object of the impugned provision, i.e. to regularize all illegal encroachments, in itself is violative of Article 14 of the Constitution of India–Article 14 is not meant to perpetuate illegality or fraud. (Para 30, 31)