Notice NOT required to REMOVE ENCROACHMENT on Public areas.
REJIMON C K
The court has said that such areas cannot be said to be in ownership of any person even if he or she claims to have bought it.
“It is true that where an unauthorised construction is carried out by a party within its own premises without a sanctioned plan, in order to take action the municipal authority has to serve a showcause notice,” Justice S N Dhingra ruled. “However, where unauthorised construction is carried out on public ways, or open areas left for public use, no notice is required to be given by municipal authorities to remove such encroachment.”
Civic officials will also not be held in contempt of court if a judicial order was passed asking for status quo on a particular property, the court said.
“I consider that no contempt can be filed against a municipal authority where they remove encroachment from public area for public utility,” Justice Dhingra observed. “In all those colonies and complexes, which are approved by New Delhi Municipal Council or a municipal authority, the authority has a right to remove encroachment from these areas without a showcause notice.”
The court’s verdict came while dismissing a contempt of court plea by one Rakesh Jain, who claimed that despite an assurance given to the court, NDMC went ahead and pulled down a part of his complex at Connaught Place last month without serving him notice.
Jain said he had bought the property from its previous owner along with the thoroughfare. The building plan was later sanctioned by NDMC and the open area was developed into a commercial complex, he contended.
Justice Dhingra noted that when a builder or a property owner sought sanction for carrying out a construction, it was imperative to distinguish areas meant for public utilities — these areas then become public property.
“It is settled law that where open lands are developed into building complexes after getting plans sanctioned from municipal authorities, open areas left for public ways, gardens, roads, pavements are meant for public utility and become part of public property and no other construction can be allowed,” the court observed.
The court said even if one bought open public areas from a previous owner, he or she cannot exert any right of ownership over it, let alone construct on the land.
“It is one of the prime conditions of developing a colony or building complex that the builder shall leave certain public ways and public utility areas,” the court noted. “No construction can be done later on these areas by virtue of right of ownership.”
In Jain’s case, Justice Dhingra said NDMC officials cannot be faulted if they demolished any part of the building to be exclusively used for public utilities.
A senior MCD official told Newsline that serving notices has “evolved as a practice, out of consideration given to the occupants, but the MCD is not legally bound to do so”.
MCD can demolish any unauthorised structure...
If a person is found carrying out unauthorised construction or encroaching on a public land, any citizen can register a complaint at the nearest zonal office or online/ telephone.
The MCD then sends a zonal staff to verify the complaint and if found unauthorised, the structure is demolished. According to the law, corporation staff may demolish any spotted/reported encroachment on public land without any notice.
corporation is not liable to give a prior notice in case of an ongoing unauthorised construction activity, said a senior MCD official. In case of already existing unauthorised structures, though the MCD is not liable to give any notice, it generally gives a prior notice of two weeks.
In case of sealing of unauthorised properties or defaulters of conversion charges, the MCD gives a prior notice of two weeks
Although the MCD does not have any demolition drive going on at present, many unauthorised properties have been demolished in the Central and South Zone in the last two weeks under what the MCD calls a routine exercise
--
REJIMON C K.
Each year 50million trees and 75 billion water is used to create 7 million tonnes of mail, over 40% of which is thrown away unopened. source : National Geographic so the next time you receive paper, think again before you print. choose to receive emails instead .
R. Dua
again we can surmise that our judiciary is not lacking in insight to
our probs, the hitch lies in implementation.
> *MCD can demolish any unauthorised structure...*
> If a person is found carrying out unauthorised construction or encroaching
> on a public land, any citizen can register a complaint at the nearest zonal
> office or online/ telephone.
>
> The MCD then sends a zonal staff to verify the complaint and if found
> unauthorised, the structure is demolished. According to the law, corporation
> staff may demolish any spotted/reported encroachment on public land without
> any notice.
>
> corporation is not liable to give a prior notice in case of an ongoing
> unauthorised construction activity, said a senior MCD official. In case of
> already existing unauthorised structures, though the MCD is not liable to
> give any notice, it generally gives a prior notice of two weeks.
>
> In case of sealing of unauthorised properties or defaulters of conversion
> charges, the MCD gives a prior notice of two weeks
>
> Although the MCD does not have any demolition drive going on at present,
> many unauthorised properties have been demolished in the Central and South
> Zone in the last two weeks under what the MCD calls a routine exercise
> --
> REJIMON C K.
> Each year 50million trees and 75 billion water is used to create 7 million
> tonnes of mail, over 40% of which is thrown away unopened. source : National
> Geographic so the next time you receive paper, think again before you
> print. choose to receive emails instead .
>
> --
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