'Encroachers Must Yield To Larger Public Interest': Delhi High Court Permits Road Expansion, Govt To Consider Ex Gratia

The Delhi High Court has permitted the widening of a public road in Shalimar Bagh, holding the interest of private occupants encroaching upon public land must yield to the broader public interest.

A Division Bench comprising Justice Prathiba M. Singh and Justice Madhu Jain ruled that the proposed 30-metre road expansion is necessary for ensuring access to essential services such as hospitals, schools, and emergency vehicles.

“…the expansion of infrastructural projects, especially those concerning access to essential services, such as medical care, education, and fire safety, ought not to be delayed any further, as such delay would be detrimental to the larger interests of the residents of Shalimar Bagh,” the Court said.

“In these circumstances, the interest of private occupants who are encroaching upon public land must yield to the broader public interest, including the needs of the residents and the smooth flow of vehicular traffic in the said area,” it added.

The plea was filed by one Saroj, claiming to represent around 98 occupants residing on land in Village Haiderpur, Shalimar Bagh. The occupants asserted long-standing possession over the land with residential and commercial structures, and relied on documents such as electricity bills, tax receipts and voter IDs to show settled occupation over several decades.

The land, however, was acquired in the 1960s under the Land Acquisition Act, 1894 for planned development of Delhi.

The occupants contended that despite acquisition, physical possession was never taken and they continued to remain in occupation. They also relied on alleged assurances by authorities and policies relating to regularisation of unauthorised colonies.

In January this year, civic authorities issued a public notice proposing widening of Road No. 320 to 30 metres, inviting objections. The occupants had approached the Court challenging the notice, the acquisition proceedings and the proposed eviction and demolition.

On the other hand, the authorities opposed the plea, arguing that the land is acquired public land and the occupants are unauthorised encroachers without valid title.

It was submitted that the road widening is essential for easing traffic congestion and ensuring access to key public infrastructure and emergency services.

Paving way for road expansion, the Court noted that most of the occupants claimed rights only through GPAs which may not even be registered and that in most cases, there were no sale deeds and the title in respect of all the occupants “seems to be unestablished.”

It held that the widening of Road No. 320 cannot be delayed any further and the residents have to ensure that the same is also not hampered or obstructed in any manner.

“….it also needs to be considered that the subject land is near a railway line, which is crossing the subject land. There is no scope for expansion of the road on the side abutting the railway track. The mandatory safety conditions applicable for the railway line are to be maintained. Under such circumstances, the Court has no option but to allow the widening of Road No. 320 and make it a 30 meter road,” the Court said.

It directed that a reasonable time period shall be granted to the occupants to remove their belongings and vacate the unauthorised encroachments near the road in question so that they are not unnecessarily inconvenienced.

The Court asked the ADM to interact with the occupants and fix an outer limit by which the occupants shall vacate the properties on the subject land, adding that the period shall not be beyond May 30.

“The GNCTD shall take an appropriate decision regarding the grant of ex gratia compensation to be awarded to the occupants, in accordance with law, as prayed for by the Petitioner and other occupants, and the same shall be considered in a sympathetic manner,” the Court said.

“Upon the expiry of the aforesaid period i.e., 30th May 2026, the Respondents are at liberty to proceed with the expansion of Road No. 320 and to remove all the encroachments/unauthorized constructions,” it added.

Title: SAROJ (WIDOW OF KHEMCHAND) v. STATE OF NCT OF DELHI THROUGH ITS CHIEF SECRETARY & ORS

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