Public roads and footpaths are meant for unrestricted public use, but disputes often arise when structures such as ramps, staircases, extensions, kiosks or temporary installations spill over into these spaces. To address such encroachments, civic authorities across India periodically conduct anti-encroachment drives, removing structures found occupying public land without permission.Let us understand the laws and regulations behind these anti-encroachment drives which depend on the type of Roads.
National highways
According to the Control of National Highways Act, 2002, no person shall occupy any highway land or discharge any material through a drain on such land without obtaining prior written permission from the highway administration or the authorised officer. However, no such permission is valid beyond one month of the day permission was granted, unless it is renewed.Under section 26 of the act, for any unauthorised occupation on highway land, a notice is issued to the occupant to restore the land to its original condition, within the period specified in the notice.If the occupation hasn’t been removed within the time specified in the notice, it will be removed at the expense of the Central Government or the State Government, which may then impose a penalty on the occupant of Rs 500 per square metre of the land illegally occupied, which could increase depending on the cost of the land.The Highway Administration can also act without issuing a notice if the unauthorised occupation is in any temporary shop (like a stall, kiosk), a construction, or other unauthorised occupation that can be removed easily without the use of any machine.The Highway Administration may take assistance of the police, if necessary, to remove such occupation by using reasonable force.
State and city-specific roads
States and cities have their own regulations regarding encroachments. According to section 226 UP Revenue Code 2006, any encroachment or obstruction to the use of any public road (including a chak road), path, or common land of a village, invites a penalty between Rs 500 to Rs 10000.Additionally, the Sub-Divisional Officer or the Tahsildar may require the offender to execute a personal bond of maximum Rs 15,000 to ensure they abstain from repeating the illegal occupation.In Delhi, the authority responsible for removing encroachments depends on the road width. Municipal Corporation of Delhi (North/South/East) handles roads less than 60 feet wide, while Public Works Department (PWD) manages roads 60 feet or wider. NDMC covers central areas like Connaught Place and Janpath, and DDA oversees Urban Extension Roads.During the case of Puran Chand vs Delhi Fire Service, 2023, the Delhi High Court directed the MCD to charge a ₹10,000 fine, on-spot, for illegal eateries and food stalls encroaching public roads.Against the growing instances of ‘Bulldozer Justice’, the Supreme Court of India, in Writ Petition (Civil) No. 295 of 2022, passed a nationwide judgement that the concerned authority can take steps to demolish the illegal structure only after 15 days of issuing the notice, and the demolition process must be video graphed.
