HC directs MCD, DDA to frame rules to levy penalty for encroachment on public land

New Delhi, May 31 (PTI) Delhi High Court has directed land-owning agencies the DDA and the MCD to frame rules to levy charges on squatters for illegal encroachment on public land and space.

Justice Rajnish Bhatnagar said in case of encroachment, the encroacher shall be made liable by the land owning authorities concerned to the extent of the illegal encroachment done by him.

The high court said encroachment on public places, especially footpaths and roads by putting hoardings, stalls, furniture pieces such as tables and chairs, has become so rampant that it forces the public to walk on roads.

It said encroachments leave road and footpath users in a life-threatening situation by exposing them to vehicles plying on the roads and endangering their lives.

“The land-owning authorities, that is, the DDA (Delhi Development Authority) and the MCD (Municipal Corporation of Delhi) are directed to devise a mechanism or frame rules so as to levy charges on the encroacher for illegal encroachment on public land…,” the court said in an order passed on May 27.

“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 the public at large,” it added.

It said that for ascertaining the charges to be recovered from the encroacher, the land-owning authorities shall take into consideration factors such as the area of encroached land, period for which the encroached land was illegally used by the encroacher for their own personal gains, the market price or circle rate of the encroached area or as the case may be.

The court said a copy of its order should be sent to the DDA chairman and the MCD commissioner for compliance.

It passed the directions while dealing with a plea filed by one Kamlesh Jain, seeking directions to the Delhi Police to stop the Books and Beans eatery from playing loud music.

The plea alleged the eatery was causing trouble and discomfort by playing loud music from morning till midnight and, while it was registered with the appropriate authorities, it was using the vacant space as a seating area by setting chairs and tables.

It was claimed that the eatery had also encroached on public land.

During the proceedings, the court was informed that the land encroached by the eatery owner belonged to the DDA and the eatery had no right over it and was using it without any authority.

On a court query, the DDA and the MCD counsel said there was no provision for recovery of any user charges or penalty for usage of encroached land or area at the current market price.

The court said there is no doubt that it could impose a penalty on the eatery owner but, considering his young age and the undertaking that he would not repeat his act in the future, he was let off with a warning.

It, however, said the Pandav Nagar SHO in east Delhi shall ensure that no loud music is played by Books and Beans cafe or any other restaurants in the area concerned beyond 10 pm.

The high court directed that the eatery owner shall not encroach upon public land to run his cafe and, in case it is done, the authorities shall take immediate action.