Frame Rules To Levy Charges On Those Encroaching On Public Land: Delhi High Court To DDA, MCD

The Delhi High Court has directed the Delhi Development Authority (DDA) and Municipal Corporation of Delhi (MCD) to devise a mechanism or frame rules to levy charges on those encroaching upon public land.

Justice Rajnish Bhatnagar said that there should be a clear perception through careful quantification of the charges to be recovered from the encroacher that shall be for the benefit of public at large.

The court said in case of encroachment, the encroacher shall be made liable to the extent of illegal encroachment done by him by the concerned land owning authorities.

“For ascertaining the charges to be recovered from the encroacher, the land owning authorities shall take into consideration various factors such as the area of encroached land, period for which the encroached land was illegally used by the encroacher for his own personal gains, the market price or circle rate of the encroached area or as the case may be,” the court said.

The court was dealing with a plea moved by one Kamlesh Jain seeking to restrain a food eatery from using high sound music through loudspeaker or amplifier.

An FIR was registered against the eatery after the police patrolling staff found that the cafe owner had kept the tables and chairs in open.

Since the area occupied by the eatery owner for running the cafe was public land and was encroached upon, the court had issued notice to DDA and MCD.

The court said that the eatery owner had placed green grass carpet as well as furniture like tables and chairs on an area which were used as extension to the rented premises despite knowing that the said land was DDA land and not within the tenancy.

The court also observed that the owner, by using the area in question, without DDA's permission, had been using public land for own personal gains at the expense of the State.

“Encroachment on public places specially footpath, roads etc by putting hoardings, stalls, furniture pieces such as tables and chairs, has become so rampant that it forces public persons to walk on the roads because of such encroachments which leaves the user of roads and footpaths in a life threatening situation by exposing them to vehicles plying on road thereby endangering their lives,” the court said.

It directed the concerned SHO to ensure that no loud music is played by the eatery or any other restaurants in the area in question beyond 10 P.M.

The court further directed the eatery owner to not encroach upon public land to run the cafe, in failure of which the SHO or DDA would take immediate action.

Counsel for Petitioner: Petitioner in Person

Counsel for Respondents: Mr. Amol Sinha, ASC for the State with Mr. Kshitiz Garg, Mr. Ashvini Kumar and Ms. Chavi Lazarus; Mr. Pawan Reley, Mr. Akshay Lodhi, Mr. Gaurav Kumar and Ms. Simran Singh, Advocates for R-3; Mr. Sanjeev Sabharwal, Standing Counsel for MCD with Ms. Shweta Singh, Advocate; Ms. Manika Tripathy, Standing Counsel for DDA with Mr. Uday Singh, Advocate for DDA

Title: KAMLESH JAIN v. COMMISSIONER OF POLICE & ORS.

Citation: 2024 LiveLaw (Del) 662

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