By: Satyavan Saurabh
Supertech had built two towers in Noida Sector 93A, both of which were built illegally. The matter reached the Supreme Court and the Supreme Court ordered the demolition of the Supertech Twin Towers which will be demolished on August 28.
The Supreme Court has also said in its order that the Supertech builder will pay whatever cost it takes to demolish the twin towers. The question is of illegal construction and corruption. Court also reprimanded the Noida Development Authority for granting permission for the construction of these towers but the biggest question is why did the responsible officers of the Noida Authority issue NOC to Supertech builder to build the tower? What will happen to those who bought flats in these towers? What can happen if the tower collapses? What kind of danger can the people living in the surrounding society? How will the debris be disposed of? This is an issue that concerns everyone.
Encroachment of property is a serious concern in India. Civil authorities across India are finding it difficult to curb this menace. This not only puts additional strain on the infrastructure but also increases the burden on the Indian legal system. While property owners are mostly caught unaware when their property is encroached upon, handling such cases requires great care and legal help. One of your neighbors renovating their house in such a way that a portion of their property extends into your area is an example of encroachment. This could be a balcony area that encroaches on your parking space or a terrace. It may also be an extension of another area on your roof, which may or may not hinder your ventilation.
Encroachment is an immovable property situation where a property owner violates contractual property rights by illegally entering, building, or expanding structures on public land without permission. Structural encroachment occurs when a property owner illegally builds or extends structures on public land. Illegally entering, trespassing, or roaming a property, building a fence that extends beyond its property line, extending to structures or buildings on the public domain (eg, roads and sidewalks), non-governmental Construction that overlaps government property lines, why is there a problem of encroachment?
The land is already a scarce commodity and illegal occupation of public land stresses the already dwindling land resource availability. The result of encroachment on public places is that the road has become narrow as it is occupied by structures that support the livelihood of the poor. The public has the right of way but pedestrians will suffer as people will have less space to walk. Encroachment on public roads leads to an increase in road traffic. Maintenance of civic amenities Difficult encroachment has choked sewers and drains, and it creates sanitation and health crisis, especially during monsoons.
According to Section 441 of the Indian Penal Code (IPC), 1860, encroachment is when any person illegally enters the property of another person, to commit an offense or to intimidate any such person, who has the property and lives there illegally. Penalty for trespassing is provided under section 447 of the IPC and includes imprisonment of up to three months and/or a fine of up to Rs 550. If you want to deal with encroachment legally, you should approach the court accordingly.
An illegal encroachment is the construction of an unauthorized building on land or the use of land or building in an unauthorized manner. Each state has different municipal laws regarding the use of government and private land that generally allow such encroachments to be demolished. However, it is important to note that these laws lay down a set procedure for municipal authorities to deal with illegal encroachments, and their demolition is done only as a last resort action when all other steps in the process are over. go. Given the political and communal color of the recent demolition campaigns, the rule of law cannot be saved through judicial intervention alone and would require extensive political and people-to-people struggle.
Local authorities and state governments should be proactive in the prevention of encroachment of public land. Citizens should follow the rules and regulations and if they violate the rule of law, the violators should be punished. It should be the norm to respect the law of the land and if there are any deviations then only after following due process of law, illegal structures should be bulldozed. Taking into account the involuntary and coercive encroachment, the judgment of Olga Tellis requires true adoption of the Supreme Court’s guidelines.
Rehabilitation of slums and not the destruction of slums is the only way forward. Now the time has come for the state to recognize their value and rights. Complaints of illegal occupation of government and private properties by land mafia are received at the government and administration levels. It is necessary to identify such encroachers/land mafia and take effective action against them so that a sense of security is created in the public.
The writer is Research Scholar, Poet, Independent Journalist, and Columnist, All India Radio and TV Panelist,
