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Demolition of Encroachments - Coggle Diagram
Demolition of Encroachments
Context
The Supreme Court ordered a stay on the drive
Dissidents has now put questions over the legality of actions by municipal authorities
It became latest flashpoint between political parties
Allegations of demolishing rioters houses
Anti-encroachment drive in northwest Delhi’s violence-hit Jahangirpuri
What is Encroachment?
Building a fence that goes past own property line
Extending structures or buildings onto the public domain (e.g., roads and sidewalks)
Unlawfully entering, trespassing, or walking through a property
Private construction that overlaps govt property lines
Why encroachment is a problem?
Public has the right of way
Maintenance of civic amenities becomes difficult
Encroachment results in constriction of the public spaces
It creates sanitation and health crisis especially during monsoons
Illicit occupation of public land puts stress on the already declining land resource availability
Genesis of anti-encroachment drives in India
UP CM ordered that compensation from the rioters
He also announced that properties will be seized if people default on these payments
Severe damage of public property
Violent anti-CAA protests In 2019
Prevention of Damage to Public Property Act, 1984: Liabilities of the rioters for compensation
Communal angle to recent demolition drive
Bulldozing of petty areas, shops and jhuggis
Collective punishment to a particular community
Actions without notice
Revengeful majoritarian justice
State-directed demolition of homes of the alleged rioters
State endorsement of the far-rights
Why is it a bad idea?
Demolitions as a mean to curb peaceful dissent
Disregard for the due process of law
Ambiguity of Public Property Act, 1984
Creation of communal disharmony
Issue of fair trial of the rioters/encroachers
Larger impact: Rise of minority assertion
Rise in collective insecurity
Communal tensions
Demonizing the entire community
Threats of radicalization
Marginalization and alienation
Major Supreme Court rulings
MC Mehta Case (2006)
30 days notice in newspapers
Ahmedabad Municipal Corporation Vs Nawabkhan Gulabkhan and others (1977)
Fairness of procedure and principle of giving opportunity
Olga Tellis Vs Bombay Municipal Corporation (1985)
Acknowledged the right to shelter and the right to earn livelihood (Article 21)
Way Forward
Due process of law must be held prime
Considering involuntary and forceful encroachments
Law abiding citizens
Rehabilitation of slum-dwellers
Prevention of further encroachments