Encroachments on Public Land in Shalimar Bagh to be Cleared for Infrastructure Development
In a significant judgment, the Delhi High Court has ruled in favor of the State of NCT of Delhi, allowing the expansion of Road No. 320 in Shalimar Bagh by removing unauthorized encroachments. This decision was made in response to a petition filed by Saroj, widow of Khemchand, who along with 98 other occupants, sought to restrain eviction and the widening of the road.
The court, presided over by Justices Prathiba M. Singh and Madhu Jain, emphasized the critical need for infrastructural development, especially concerning essential services such as medical care, education, and traffic flow. The bench highlighted that Road No. 320 is vital for public utility projects and cannot be delayed or obstructed. The encroachments, deemed unauthorized, must yield to the larger public interest.
The petitioners argued that they have been in settled possession of the land for decades and claimed protection under the National Capital Territory of Delhi (Special Provisions) Act, 2007. However, the court found no established legal title for the occupants and noted that the land was acquired by the government in the 1960s for planned development, which was upheld by the Supreme Court.
The court has directed the authorities to grant a reasonable period, until May 30, 2026, for the occupants to vacate the premises. It has also urged the government to consider ex gratia compensation sympathetically for the affected occupants. The decision comes after extensive hearings and submissions by both parties, including the presentation of various maps and video evidence showing the current condition of the road and the encroachments.
The judgment underscores the importance of balancing individual interests with public welfare, particularly when it comes to essential infrastructure projects. The authorities have been instructed to proceed with the road widening in compliance with the approved plans, ensuring that the area becomes accessible for emergency vehicles and smoother vehicular traffic.
Bottom Line:
Encroachment on public land cannot override the public interest in infrastructural development - Widening of roads for essential services and vehicular traffic must be prioritized while balancing occupant interests.
Statutory provision(s): Land Acquisition Act, 1894, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Capital Territory of Delhi (Special Provisions) Act, 2007, Master Plan for Delhi, 2021
Saroj (Widow of Khemchand) v. State of NCT of Delhi, (Delhi)(DB) : Law Finder Doc id # 2880782
