Delhi High Court orders MCD, DDA to frame rules for levying fine on encroachers

The Delhi High Court recently ordered the Municipal Corporation of Delhi (MCD) and Delhi Development Authority (DDA) to frame rules and levy charges on encroachers for illegal encroachment of public spaces and land [Kamlesh Jain v Commissioner of Police & Ors]. .Justice Rajnish Bhatnagar said that encroachers should be made liable to the extent of illegal encroachment.“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. 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 single-judge observed that encroachment in public places, especially footpaths and roads, by putting hoardings, stalls and furniture pieces such as tables and chairs has become so rampant that it forces public to walk on the roads instead of sidewalks.This leaves people in life-threatening situations by exposing them to vehicles plying on roads and endangers their lives, the Court observed..Justice Bhatnagar passed the directions while dealing with a plea filed by one Kamlesh Jain seeking directions to the Delhi Police to stop an eatery named ‘Books and Beans’ from playing loud music.The eatery had also encroached on public land.On a query by the Court, the DDA and MCD stated that there was no provision under which they can impose any penalty on the encroachers and recover user charges or penalties..Therefore, the Court directed the authorities to come up with a mechanism for the same.It also ordered the local police to ensure that no loud music is played by the eatery or any other restaurant in the area beyond 10 PM.The Court also directed the authorities to ensure that there is no illegal encroachment in the area. .Petitioner Kamlesh Jain appeared in person.Additional Standing Counsel Amol Sinha along with advocates Kshitiz Garg, Ashvini Kumar and Chavi Lazarus appeared for the Delhi Police.Advocates Pawan Reley, Akshay Lodhi, Gaurav Kumar and Simran Singh represented the owners of the eatery.MCD was represented through its Standing Counsel Sanjeev Sabharwal and advocate Shweta Singh.Standing Counsel Manika Tripathy and advocate Uday Singh represented the DDA..[Read Judgment]