Lok Sabha Question No. 2500 (UNSTARRED), answered on 2015-08-04
Subject: Unauthorised Construction
Ministry: HOME AFFAIRS
Asked by: VINOD CHAVDA, PRATAPRAO GANPATRAO JADHAV, LAXMAN GILUWA, KRISHNA RAJ

GOVERNMENT OF INDIA

MINISTRY OF HOME AFFAIRS

LOK SABHA

**UNSTARRED QUESTION NO.** 2500

**TO BE ANSWERED ON THE 4** **TH** **AUGUST, 2015/** SHRAVANA 13, **1937 (SAKA)**

**UNAUTHORISED CONSTRUCTION**

†2500. 	SHRI VINOD LAKHAMASHI CHAVDA:

SHRI PRATAPRAO JADHAV:

SHRI LAXMAN GILUWA:

SHRIMATI KRISHNA RAJ:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether illegal construction/ encroachment on Government land are on rise in the country;

(b) if so, the details thereof and the total number of such cases reported, guilty arrested and the action taken against them by the police during each of the last three years and the current year, State-wise including NCT of Delhi and metro cities;

(c) the role of police personnel in checking illegal construction/encroachment on Government land;

(d) whether the Government has received complaints against police personnel with regard to non-registration of such cases even after getting information and are reportedly taking bribe from persons involved in such activities;

(e) if so, the details thereof along with the total number of such cases reported and the action taken against the guilty personnel during the said period, State-wise;

(f) whether the Government has received complaints from public representatives in this regard and if so, the details thereof and the action taken against the responsible officers during the said

period, State-wise; and

(g) the corrective measures taken by the Government to stop such cases in future?

ANSWER

Minister of State in the Ministry of Home Affairs

(SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

(a) to (g) :	 No Such data is maintained centrally. ‘ **Police’ and ‘Public Order’ are the State subjects under the seventh Schedule to the Constitution of India and therefore, the State Governments are primarily responsible for prevention, detection, registration and investigation of crime and for prosecuting the criminals through the machinery of their law enforcement agencies as also for protecting the life and property of the citizens. Further, as and when any illegal/unauthorised construction is noticed, action against the same is taken by the concerned State Government.**

**Complaints have been received by Delhi Police alleging involvement of police officials in illegal constructions and encroachments and action taken against Delhi Police personnel during the 2011-2014 are as under:**

| **Year**                 | **No. of complaints     received**   | **No. of complaints**  **substantiated**   | **Action taken against the Delhi Police Personnel**   |
|--------------------------|--------------------------------------|--------------------------------------------|-------------------------------------------------------|
| **2011**                 | **1476**                             | **17**                                     | **101**                                               |
| **2012**                 | **805**                              | **11**                                     | **63**                                                |
| **2013**                 | **1021**                             | **17**                                     | **96**                                                |
| **2014 upto 30-11-2014** | **824**                              | **23**                                     | **118**                                               |

**A Nodal Steering Committee has also been set up by the Hon’ble High Court of Delhi to monitor the action against unauthorised/illegal constructions and encroachment on Government land in the NCT of Delhi. Following corrective steps are also being taken by Delhi Police to curb unauthorised construction:**

**(i) Briefing to Division/Beat level officers not to indulge in such activities;**

**(ii) Wide publicity through media is being given for general public regarding the role of police being limited only to intimate the concerned agency in construction related matters.**

**(iii) Strict departmental action is taken against erring police officers who are found indulging in such malpractices.**

**(iv)	A helpline has also been set up to enable the public to lodge complaint against police personnel in this regard.**

**Further, Ministry of Defence has also taken action under the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 as well as under the Cantonments Act, 2006 for removal of unauthorised construction and encroachments on land under the management of Defence Estates Organization.**

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