The HC asks the DDA and MCD to lay down rules for imposing penalties for encroaching on public spaces

The Delhi High Court has directed land-owning authorities such as the Delhi Development Authority (DDA) and the Municipal Corporation of Delhi (MCD) to frame rules for imposing charges on tenants for illegal encroachment on public spaces and land.

It is currently not possible to recover any fees or penalties for the use of encroached public land.

In an order passed on May 27, Justice Rajnish Bhatnagar said: “The violator will be held liable by the land authorities concerned in respect of the illegal encroachment committed by him.”

“Having carefully quantified the charges that should be recovered from the trespasser, it must be made clear what the charges will be for the benefit of the public at large,” the judge said.

“In order to determine the amount of fees recoverable from an encroacher, the land-owning authorities shall take into account various factors such as the area of ​​the encroached land, the period during which the encroached land has been unlawfully used by the encroacher for his own benefit, the market price or the speed of circumnavigation of the encroached area, or depending on the case,” Justice Bhatnagar said.

The High Court order came while hearing a complaint against a restaurant in Mayur Vihar Phase-1 in East Delhi that was using an empty public space as a seating area by setting up chairs and tables.

The petition also complained about “loud music played in the cafe from morning until midnight.”

During the proceedings, the government’s attorney stated that the premises occupied an area of ​​approximately 200 square feet with tables and chairs and was then used as an extension of the actual leased business premises.

The lawyer stated that by encroaching on government land, the owner of the eatery illegally enriched himself at the expense of the state. The lawyer stated that the owner of the premises should be obliged to pay user fees at the applicable market rate for the period in which the land was in his possession.

Considering the “young age” of the eatery owner and his pledge not to repeat his act in the future, Justice Bhatnagar gave him a warning.

The judge further recalled that “encroachment on public places, especially sidewalks, roads, etc., by placing signs, stalls, furniture such as tables and chairs, has become so common that it leaves the user of roads and sidewalks in a life-threatening situation by exposing them to to the action of vehicles traveling on the road, thus endangering their lives.”