Devise A Mechanism Or Frame Rules To Levy Charges On Encroacher: Delhi HC Directs MCD & DDA On Illegal Encroachment

The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) and the Delhi Development Authority (DDA) to formulate rules to impose charges on encroachers for the illegal encroachment of public spaces and land.

The Bench of Justice Rajnish Bhatnagar said, "The land owning authorities, i.e., DDA and MCD, are directed to devise a mechanism or frame rules so as to levy charges on the encroacher for illegal encroachment on public land. In case of encroachment, the encroacher shall be made liable to the extent of illegal encroachment done by him by the concerned land owning authorities. There should be a clear perception through careful quantification of the charges to be recovered from the encroacher that shall be for the benefit of public at large."

The Court outlined various factors to be considered in quantifying these charges, including the area of encroached land, the duration of illegal use, and the market price or circle rate of the encroached area.

The Single-Judge Bench noted the rampant encroachment in public spaces, particularly footpaths and roads, which often forces pedestrians to walk on roads instead of sidewalks. This situation poses life-threatening risks as pedestrians are exposed to vehicular traffic, endangering their lives.

"Encroachment on public places specially footpath, roads etc by putting hoardings, stalls, furniture pieces such as tables and chairs, has become so rampant that it forces public persons to walk on the roads because of such encroachments, which leaves the user of roads and footpaths in a life-threatening situation by exposing them to vehicles plying on road thereby endangering their lives," the Single-Judge Bench said. 

The Bench passed the directions while adjudicating a plea filed by Kamlesh Jain, seeking Delhi Police intervention to halt an eatery named 'Books and Beans' from playing loud music and encroaching on public land.

Upon inquiry, the DDA and MCD informed the Court that there were no existing provisions to impose penalties on encroachers or recover user charges. In response, the Court directed the authorities to establish a mechanism for this purpose.

"..as far as the present case is concerned SHO of P.S Pandav Nagar shall remain bound by his statement dated 16.02.2024 and ensure that no loud music is played by Books and Beans Cafe or any other restaurants in the said area beyond 10 P.M. Respondent No. 3 shall not encroach upon public land so as to run his cafe and in case it’s done then SHO/ authorised authority i.e., DDA should take immediate action," the Court ordered. 

Accordingly, the Court disposed of the Petition. 

Cause Title: Kamlesh Jain v. Commissioner of Police & Ors. 

Appearance:-

Respondent: Advocates Amol Sinha (ASC), Kshitiz Garg, Ashvini Kumar, Chavi Lazarus, Pawan Reley, Akshay Lodhi, Gaurav Kumar, Simran Singh, Sanjeev Sabharwal, Shweta

Singh, Manika Tripathy, Uday Singh

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