'No Sympathy For Encroachers': Rajasthan High Court Directs State Authorities To Remove Illegal Constructions, Warns Police Of Action

The Rajasthan High Court has made it clear that there can be no sympathy for encroachers, directing the the Additional Chief Secretary of the Urban Development and Housing Department to issue directions to the Municipal Corporation and Municipal Councils of various cities & towns to take appropriate steps for removing illegal encroachments made on the roads in the city/town-ship as well as on the footpaths.Referring In Re: Manoj Tibrewal Akash, Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit said, "Such drive for removing the encroachments should be undertaken at the State level and the encroachments should be dealt with in accordance with law. No sympathy can be extended to such encroachers and if it is found that any legal authority or police officials had allowed the encroachments, appropriate action against them may also be taken."However, it added that before ensuing demolition of the encroachments, 7-8 days time should be given to the concerned encroachers to remove the encroachment at their own level, whereafter the cost of removing the encroachment should be recovered from the encroachers.The Court also directed "the Jaipur Development Authority (for short 'J.D.A.') and Additional Chief Secretary, Urban Development & Housing Department, shall take steps to earmark the encroachments made on the roads which are connected to the Jaipur city by the State Highways/National Highways."For the aforesaid purpose, the Court said that benchmark is laid down in the Master-plan/Zonal Development Plan and the same shall be taken into consideration. As per the measurements of the roads laid down in the plan, "if any encroachment is found on the roads or on the pathways meant for the pedestrians, the same shall be removed. It is made clear that apart from the roads, even on the side walk-ways, there should be no encroachment left."The bench said that the aforesaid exercise shall be done and if there is any objection raised, placing reliance on any Pattas issued by any village authorities or orders of any other Court(s), as no Court is authorized to encourage encroachments, the same would not come in the way for removing the encroachments.Deferring the case to October 07, the Court directed to submit a report in this regard."A responsible Officer of the Department would remain present on that day and the Head of the Enforcement Wing in the J.D.A. as well as Head(s) of the Enforcement Wings of the other development authorities, shall also remain present in the Court," it added.Title: Vijay Kumar Boyat S/o Shri Raju Boyat & Ors. v. Vaibhav Galriya, Principal Secretary & Ors.Mr. V.P. Mathur for Mr. Shiv Narain Bohra for the petitioner.Mr. Manoj Sharma, AAG assisted by Mr. S.M. Sharma, Mr. Amit Kuri, Mr. Harshvardhan Singh Shekhawat for respondent.Click here to read/download the order

'No Sympathy For Encroachers': Rajasthan High Court Directs State Authorities To Remove Illegal Constructions, Warns Police Of Action

Aiman J. Chishti

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