Himachal Pradesh High Court Calls for Revamp of Agriculturist Certification Process

Court identifies loopholes in current verification process, urges overhaul to prevent misuse by non-agriculturists.

In a significant move aimed at safeguarding the integrity of agricultural landownership in Himachal Pradesh, the Himachal Pradesh High Court has identified critical gaps in the verification process for issuing agriculturist certificates under the Himachal Pradesh Tenancy and Land Reforms Act, 1972. The division bench, comprising Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj, pointed out the inadequacies in the instructions dated March 18, 2010, used to verify and issue these certificates. The court emphasized the urgent need to revamp these instructions to prevent misuse by non-agriculturists.

The court's observations came during a suo motu public interest litigation case, where it was noted that current procedures allow for potential fraudulent declarations. The process, as it stands, lacks thorough factual verification of whether the land is being personally cultivated by the applicant or their family members, as required by the Act. This loophole has opened avenues for non-agriculturists to falsely obtain certifications, thereby exploiting the system.

Highlighting the need for a more robust verification process, the court stressed that the role of the Patwari and the competent authority is crucial in ensuring the authenticity of claims made by applicants. The court also cited instances, such as the case of land in Palace Colony, Mandi, which is no longer agricultural but was still subject to certification misuse.

The bench has directed that necessary modifications be made to the existing instructions to align them with the purpose of the Act, ensuring that only genuine agriculturists benefit from such certifications. The proceedings have been deferred to February 24, 2026, to allow time for these changes to be implemented.

The court's decision is seen as a proactive step towards preserving the agricultural landscape of Himachal Pradesh and ensuring that land reforms serve their intended purpose without being undermined by fraudulent practices.

Bottom Line:

Himachal Pradesh Tenancy and Land Reforms Act, 1972 - Verification process for issuance of agriculturist certificate under the Act needs revamp to address lacunae in ensuring that only genuine agriculturists benefit and prevent misuse by non-agriculturists.

Statutory provision(s): Himachal Pradesh Tenancy and Land Reforms Act, 1972 Sections 2(2), 2(4)

Court on its own motion v. State of Himachal Prdaesh, (Himachal Pradesh)(DB) : Law Finder Doc Id # 2819483