Satellite Mapping And Geo Fencing Required To Detect Encroachments: Supreme Court

A Bench of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka observed,

"It is necessary that the modern technologies for Satellite mapping of lands and buildings to detect encroachments and unauthorized/illegal constructions and Geo fencing of lands/premises for prompt monitoring and control takes place."

The Court was hearing a batch of matters in MC Mehta vs Union of India on desealing of properties.

In March, the Supreme Court had accepted the Amicus Curiae's suggestion to take up the array of applications pertaining to desealing of properties, for hearing, in batches as categorised by them.

In 2006, the Apex Court constituted the Monitoring Committee, which was empowered to address the issue of use of residential premises for commercial purposes. It was entitled to inspect premises in which illegal constructions had been made. The Special Task Force, which was constituted by the Court in 2018 was authorised to remove encroachments on public roads, public streets etc., while the Monitoring Committee was authorised to suggest areas where immediate action was required by the Force. In 2020, the Court observed that going beyond its mandate, the Monitoring Committee had sealed properties. In view of the same, the Court ordered de-sealing of residential units in Delhi which had been sealed by the Court-appointed Monitoring Committee.

After analysing the matter on September 30, the Court observed that in order to detect encroachment of land, a preliminary requirement was conducting satellite mapping of lands and Digitization of Cadastral Maps which the Union Territory of Delhi, under Digital India Lands Records Modernization Programme (DILRMP), had already completed.

The next requirement would be to obtain High Resolution Satellite Imagery of the area from Indian Remote Sensing Agency (IRSA) or other external sources such as Google.

Getting aerial photographs by engaging services of drone fitted with high precision cameras also could be an alternative, the Court said, as it's considered to be superior in quality, as compared to Satellite Imagery pictures.

The next step, the court said, would be a Geo fencing of the Digitalized Cadastral Maps and High Resolution Satellite Imagery (of all aerial photography) by fixing reference points along the boundary of the areas selected for Mapping.

"Such reference points are fixed by using Electronic Total Station (ETS) and Differential Global Positioning System Equipment (DGPS) and the number of such points shall vary, depending on the area to be mapped and the topography", the Court said.

Once the aforesaid two exercises are completed, the Geo reference maps are superimposed on each other to obtain changes/variations of ground realities from the Land Revenue records. Proper alignment of the Geo referenced Digitalized Cadastral Maps and Satellite Imagery/aerial photography after allowing for permissible variations between the two, shall provide the necessary details regarding encroachments.

On the point of unauthorised/illegal construction, the Court noted that the development plans of the area are to be mapped which are made available by the Delhi Development Authority (DDA).

"Geo reference of the area selected for mapping to detect unauthorized/illegal constructions is to take place in terms of what we have expounded aforesaid and services of drone fitted with high precision cameras to take 3D pictures of the entire area for the selected survey. These aerial photography obtained from the Drone shall be superimposed on the Geo reference area development plans to detect unauthorized usage of lands for construction within the permissible zone. The aerial photography obtained from the drone needs to be verified with individually with the approved building plans by the DDA."

While dealing with the issue of illegal occupation of land premises, the Court observed that Geo fencing is widely used for various purposes including surveillance/monitoring of selected areas/premises requiring constant vigil and care. So, it would be possible to use the method in the cases of water bodies, forests, mining areas etc. which require regular monitoring to prevent various illegalities such as encroachments, illegal mining etc.

Geo fencing of premises/lands is possible only after coordinates of the selected areas/premises are available through Geo reference, the Court apprised.

The Bench also highlighted that it is aware of a government funded scheme for Presentation on Digital India Land Records Modernization Programme in 2016. However, the States and Union Territories haven't utilised this option in the best possible manner.

"It appears that there has been very little use effectively by the States and the UTs, for obvious reasons. By adopting the technologies and the schemes of the Government of India the scope of human intervention is decreased and consequently the monetary intervention."

The Court then ordered for the implementation of the same and that a status report be filed by the concerned authorities in four weeks.

During the hearing, the Amicus Curiae had pointed out that the Court's earlier order in September which had ordered for arrangement of space for the Judicial Committee of Judges within two weeks was not implemented. The Court directed that the required steps be taken within a week to avoid contempt of court.

The matter will be next heard on November 14.

Case Title: MC Mehta vs Union Of India | Writ Petition(s)(Civil) No(s). 4677/1985