Jahangirpuri demolition drive: What does the law on encroachment say?
India Today
Under the Delhi Municipal Corporation Act, 1957, there are specific provisions that ban encroachments into public roads. Here's what the law says.
Even as the Supreme Court is hearing the pleas against the demolitions in Jahangirpuri and the allegations of "bulldozer politics", the North Delhi Municipal Corporation has claimed that it has the authority to remove encroachments from public roads and footpaths without any notice.
Citing sections 321 and 322 of Delhi Municipal Corporation Act, Solicitor General Tushar Mehta on Thursday said that the action undertaken by the municipal authorities was valid. We take a look at the legal provisions and the court orders regarding encroachments and their removal.
Under the Delhi Municipal Corporation Act, 1957, there are specific provisions that ban encroachments into public roads/ footpaths. These are:
320. Prohibition of structures or fixtures which cause obstruction in streets—(1) No person shall, except with the permission of the Commissioner granted in this behalf, erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy any portion of such street, channel, drain, well or tank. (2) Nothing in this section shall apply to any erection or thing to which clause (c) sub-section (1) of section 325 applies.
321. Prohibition of deposit of things in streets—(1) No person shall, except with the permission of the Commissioner and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or well in any street or upon any public place any stall, chair, bench, box, ladder, bale or other thing whatsoever so as to form an obstruction thereto or encroachment thereon. (2) Nothing in sub-section (1) applies to building materials.
MCD in its statement has particularly relied on the provision regarding removal of obstructions on the roads.
322. Power to remove anything deposited or exposed for sale in contravention of this Act. The Commissioner may, without notice, cause to be removed (a) any stall, chair, bench, box, ladder, bale or other thing whatsoever, placed, deposited, projected, attached or suspended in, upon from or to any place in contravention of this Act; (b) any article whatsoever hawked or exposed for sale on any public street or in other public places in contravention of this Act and vehicle, package, box or any other thing in or on which such article is placed.
