Cannot shirk responsibility by removing illegal encroachments occasionally, Delhi HC directs NDMC to remove illegal encroachments from sidewalks on a daily basis

The Delhi High Court has directed the North Delhi Municipal Corporation to ensure that side walks kept free from illegal encroachments and hawkers on a daily basis.

The direction was given by the division bench of Justices Vipin Sanghi and Jasmeet Singh while hearing a plea of one Rajan who has complained that unauthorised and illegal encroachment has come up in the form of Kiosks on the Side-Walks opposite Market No.2, H-Block, Mangolpuri, which are being used by illegal persons and hawkers.

The petitioner said that encroachment has made the pedestrian movement and other movement in the area difficult.

Adv Dhanesh Relan appearing NDMC submitted that for appears for the respondents submitted that encroachment was removed earlier too, however the encroachers have again occupied the pavement.

Hearing the submission of NDMC the Court said “The respondents cannot shirk of their responsibility by carrying out the exercise of removing encroachment occasionally. It is their responsibility to ensure that Side-Walks are kept clear from illegal encroachments and hawkers on a continuous basis. We, therefore, direct the respondents to ensure that illegal encroachments of Side-Walks are cleared on daily basis.”

The Court further said that the concerned Executive Engineer, Nr.DMC having jurisdiction over the area shall be personally responsible to ensure that all such encroachments in the said area are removed and they are not re- encroached upon.

The Court has directed the SHO, PS-Mangolpuri to provide requisite force to the Executive Engineer, Nr.DMC having jurisdiction over the area for removing the encroachments. NDMC and the Police have also been directed to install Barricades to prevent re-encroachment, once the same is removed.

The Court has listed the matter for next hearing on November 18.

Case Title: Rajan vs NDMC