Municipal Corporation Can't Shirk Responsibility By Removing Encroachments Occasionally, Has To Keep Regular Check: Delhi High Court

The Delhi High Court has observed that it is the responsibility of the municipal corporation, North Delhi Municipal Corporation in the present case, to ensure that side walks in the concerned area are kept clear from illegal encroachments and hawkers on a "continuous basis".

Justice Vipin Sanghi and Justice Jasmeet Singh observed:

"The respondents cannot shirk of their responsibility by carrying out the exercise of removing encroachment occasionally. It is their responsibility to ensure that Side-Walks are kept clear from illegal encroachments and hawkers on a continuous basis."

The Court was dealing with a petition filed by one Rajan, highlighting the unauthorized and illegal encroachment in the form of Kiosks on the Side-Walks in Mangolpuri area being used by illegal persons and hawkers.

According to the the petitioner, such encroachment made the pedestrian movement and other movement in the area difficult.

"We, therefore, direct the respondents to ensure that illegal encroachments of Side-Walks are cleared on daily basis," the Court directed.

The Court clarified that the Executive Engineer of the NDMC having jurisdiction over the area shall be personally responsible to ensure that all such encroachments in the said area are removed and they are not re-encroached upon.

"We direct the SHO, PS-Mangolpuri to provide requisite force to the Executive Engineer, Nr.DMC having jurisdiction over the area for removing the encroachments. The respondents and the Police shall also install Barricades to prevent re-encroachment, once the same is removed," the Court directed further.

Additionally, the petitioner also highlighted the issue of Community Park in the area being used for the purpose of parking.

Observing that parking is not the purpose for which the community park was constructed, the Court directed:

"All the vehicles parked in the park should be removed – if the owners of the vehicles themselves do not remove the vehicles after notice. We direct the respondents to maintain the said park by ensuring proper plantation of trees and removal of garbage."

The Court said that the status report must disclose the number of gardeners and other staff deployed to maintain the park for the purpose of its security and maintenance.

Directing the status reports to be filed within four weeks, the Court listed the matter for further hearing on October 18.

Advocate Pranav Jain appeared on behalf of the petitioner whereas Advocate Dhanesh Relan appeared for the respondents.

Case Title: RAJAN v. NORTH DELHI MUNICIPAL CORPORATION AND ANR

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