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

The Delhi High Court has mandated land-owning agencies, the Delhi Development Authority (DDA) and the Municipal Corporation of Delhi (MCD), to establish rules for levying charges on individuals who illegally encroach on public land and spaces.

Justice Rajnish Bhatnagar stated that encroachers should be held accountable by the relevant land-owning authorities for the extent of their illegal activities.

The court noted that the encroachment of public places, particularly footpaths and roads with hoardings, stalls, and furniture, has become so widespread that it forces pedestrians onto the streets, putting them at risk from traffic.

Such encroachments, the court said, endanger the lives of road and footpath users by exposing them to moving vehicles.

“The land-owning authorities, namely the DDA and the MCD, are directed to devise a mechanism or frame rules to levy charges on encroachers for illegal encroachment on public land,” the court ordered on May 27.

“There should be a clear calculation of the charges to be recovered from the encroacher, benefiting the public at large,” it added.

The court advised that in determining the charges, the authorities should consider factors such as the area of encroached land, the duration of the illegal use, and the market price or circle rate of the encroached area.

A copy of the order is to be sent to the DDA chairman and the MCD commissioner for compliance.

These directions came during the hearing of a plea by Kamlesh Jain, who sought action against the Books and Beans eatery for playing loud music. The plea alleged that the eatery, although registered, was causing a nuisance by playing loud music from morning till midnight and had encroached on public land by using vacant space for seating.

During the proceedings, it was revealed that the encroached land belonged to the DDA and that the eatery had no right to use it.

On a court query, the DDA and MCD counsel admitted that there were no provisions for recovering user charges or penalties for the encroached land at the current market rate.

While the court acknowledged the possibility of penalizing the eatery owner, it decided against it considering his young age and his promise not to repeat the offense, issuing only a warning.

However, the court directed the Pandav Nagar SHO in east Delhi to ensure that no loud music is played by Books and Beans cafe or any other restaurants in the area beyond 10 pm.

The high court further instructed that the eatery owner must not encroach on public land and that authorities should take immediate action if such encroachment occurs.