Lok Sabha Question No. 5118 (UNSTARRED), answered on 2018-03-27
Subject: Encroachment on Public Land
Ministry: HOUSING AND URBAN AFFAIRS
Asked by: SAUGATA ROY

No. 5118

## GOVERNMENT OF INDIA

## MINISTRY OF HOUSING AND URBAN AFFAIRS

## LOK SABHA

UNSTARRED QUESTION No. 5118

TO BE ANSWERED ON MARCH 27, 2018

## ENCROACHMENT ON PUBLIC LAND

PROF. SAUGATA ROY:

Will the Minister of HOUSING AND URBAN AFFAIRS be pleased to state:

- (a) whether the High Court has expressed its displeasure over lack of action on eviction of unauthorized encroachments in
- Delhi by the Government agencies;
- (b) if so, the details thereof;
- (c) whether the Government or its agencies has any proposal for
- amendments in the master Plan Delhi;
- (d) if so, the details thereof; and
- (e) the details of steps taken by the Government so far to evict the encroachment?

## ANSWER

THE MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF HOUSING AND URBAN AFFAIRS (SHRI HARDEEP SINGH PURI)

(a) and (b): North Delhi  Municipal  Corporation  (NrDMC)  and

South Delhi Municipal Corporation (SDMC) have intimated that the Hon'ble High Court of Delhi vide its order dated 10.09.2008 passed in WP  (C)  No.  4082/2003  titled  as  Kalyan  Sanstha  Social  Welfare

Organisation Vs Union of India (UOI) & Ors. had formulated a Scheme to  curb  the  menace  of  unauthorized  construction.    It  is, inter-alia, stated in the Scheme that 'MCD should not only deal with ongoing unauthorized constructions but also take actions against encroachments  on  Government  lands  and  against  existing/already booked unauthorized constructions under the Act'.

The  Hon'ble  High  Court  of  Delhi  vide  its  order  dated  08.08.2017 passed in WP(C) No. 3147/2017 has directed all the Corporations to ensure strict compliance of this Scheme.   The Hon'ble High Court vide its order dated 15.11.2017 passed in WP (C) No. 3147/2017, has expressed concern over large scale tress-pass on public land.

Delhi  Development  Authority  (DDA)  has  intimated  that  the  Hon'ble High Court of Delhi vide its judgment dated 17.11.2017 in the matter of Court on its Own Motion vs. NCT of Delhi, DDA and Delhi Jal Board [WP (C) 7057/2005] has expressed its displeasure over encroachment on  land acquired by DDA.

Central Public Works Department has intimated that one PIL WP (C) No. 7323/2016 has been filed for eviction of unauthorized encroachment  from  Government  land  named  as  Sanjay  Basti, Timarpur, Delhi.

- (c) and (d):   DDA has intimated that the Master Plan of Delhi  (MPD)2021  is a policy  document,  which  envisages  vision  &  policy guidelines  for  the  perspective  period  upto  2021.    DDA  has  further intimated  that  there  is  no  proposal  for  amendment  in  MPD  with respect to eviction of unauthorized encroachment.  Further, the issue of amending provision of MPD is sub-judice in the Hon'ble Supreme Court of India.
- (e): DDA  has  intimated  that  as  and  when  any  encroachment  is noticed / reported, prompt action for removal of such encroachment is taken with the help of Delhi police.  Further, the following systemic improvements have been introduced by DDA to check unauthorized encroachment and to protect its land:
- (i) Uploading of photographs of vacant land on monthly basis.
- (ii) Construction  of  boundary  walls  /fencing  on  vacant  lands  and prominent display of signboards.
- (iii) Constitution  of  Quick  Response  Team  for  early  detection  & removal of encroachments.
- (iv) Development  of  Mobile  App  to  ensure  timely  detection  / reporting of encroachments.
- (v) Social vigilant teams have been constituted to seek assistance of general public in protection and management of DDA land.

East Delhi Municipal Corporation has intimated that regular encroachment removal drive is undertaken by it with the help of Delhi Police and its Field Officers have been instructed to keep strict vigil to ensure no fresh encroachment or re-encroachment come up.

NrDMC and SDMC have intimated that they maintain road with Right of way (ROW) roads less than 60 feet falling under their jurisdiction. As and when any complaint is received or encroachment is noticed, prompt action is taken by them.

New  Delhi  Municipal  Council  has  intimated  that  the  unauthorized squatters/  hawkers  and  encroachments  on  public  land  are  being removed on day-to-day basis as and when found and their goods are seized and deposited in its Enforcement Store.

Ministry of Railways has intimated that in order to safeguard its land, regular inspections and survey are carried out at various levels and action taken in cases of encroachments.  If the encroachments are of a temporary nature (soft encroachments) in the shape of jhuggies, jhopris and squatters, the same are got removed in consultation and with  the  assistance  of  Railway  Protection  Force  and  local  civil authorities.  For old encroachments, where party is not amenable to persuasion,  action  is  taken  under  Public  Premises  (Eviction  of Unauthorized  Occupants)  Act,  1971  (PPE  Act,  1971).    To  protect railway land, it also takes measures like provision of boundary wall, tree plantation at vulnerable locations.

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