Court (HC) has recently instructed the Municipal Corporation of Delhi (MCD) and Delhi Development Authority (DDA) to develop a system for imposing charges on illegal encroachments of public land. Currently, there are no provisions for recovering user charges or penalties for such encroachments.
In its May 27 order, a single judge bench led by Justice Rajnish Bhatnagar observed that encroachments on public spaces, particularly footpaths and roads, by placing hoardings, stalls, and furniture have become so widespread that pedestrians are often forced to walk on the roads. The court noted that such encroachments expose road and footpath users to “life-threatening situations” as they are forced to navigate among moving vehicles, thereby endangering their lives.
Consequently, the court directed the DDA and MCD to create a mechanism or set of rules for imposing charges on those who illegally encroach on public land. The court added that encroachers should be held liable for the extent of their illegal activities by the relevant land-owning authorities. To determine the charges to be recovered, these authorities should consider factors such as the area of encroached land, the duration of the encroachment, and the market price or circle rate of the encroached area.
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